REGISTRAR GENERAL Vs. DODDA HANUMA

JUDGEMENT

(1.) Reference under Section 366(1) of Cr.P.C has been made by the XXXIV Additional City Civil and Sessions Judge (Special Court), Central Prison Premises, Bengaluru, for confirmation of death sentence awarded to Accused No.1) Dodda Hanuma 2) Venkatesh @ Chandra 3) Munikrishna @ Krishna and 4) Nalla Thimma as per the Judgment of conviction and order of sentence dated 31.8.2010 and 30.9.2010 respectively in S.C.447 of 2004. It is registered as Crl.R.C.No.17 of 2010. Aggrieved by the said Judgment, Accused No.1 has preferred Crl.A.158 of 2011 and Accused Nos.2 and 3 have preferred Crl.A.1029 of 2011. All these proceedings are heard together and are disposed off by this common judgment.

(2.) The case of the prosecution is that the deceased Smt.Susheela, wife of Siddachar was residing along with her husband and 3 children at No.293, Railway Extension, Jayalakshmipuram, Mysuru. On 2-11-2000, at about 9.00 a.m her children had gone to School. Her husband left the house at about 10.00 a.m to attend to his contract work. She was alone in the house. Between 10.00 a.m to 2.00 p.m the accused persons 1 to 10 gained illegal entry to the house, with a common intention to commit dacoity and murder, slit the throat of the deceased with a knife and robbed the deceased of a golden chain and a pair of ear studs which she was wearing.

(3.) At about 2.00 p.m., when her husband, PW.1 came home, he found the deceased lying in a pool of blood. Beside the dead body, there was a knife. Her throat was slit. A Mangalya chain and white stone studded ear rings worn by the deceased were missing. He lodged a report before the Jayalakshmipuram police station as per Ex.P-1. Based on the said report, Crime No.178 of 2000 was registered under Section 302 of IPC against unknown persons.