EMPEROR Vs. BASANGOUDA YAMANAPPA

JUDGEMENT

(1.) THESE are three appeals by the three accused against their convictions by the Additional Sessions Judge of Dharwar of the offence of murder, and there is an application to confirm the death sentences which the learned Judge passed upon all of them.

(2.) THE facts established by the prosecution are these. THE murdered woman was one Mallava, who was aged about sixty-five. She and her daughter-in-law Gangava and the latter's son used to live in the Jamkhandi-math in the village of Hulgur. But Gangava had some time back opened a hotel about a mile away from the math, and she and her son thereafter lived in the hotel. Mallava used to go there in the day time to take her meals, but she went back to sleep at night in the math, and Gangava's son used to go to the math every day and spend part of his time with Mallava. On the night of March 25 last Mallava went back from the hotel to the math, and the next morning, when Gangava's son went to the math, he found that Mallava had been murdered. She had been severely beaten over the head, and there is, I think, no doubt that the weapon used was a crowbar, which used to be kept in the math, and which was found near the body stained with human blood. THE object of the murder was undoubtedly robbery, because boxes had been broken open, and a large number of ornaments and other articles had been taken, though certain ornaments on the body of the deceased had not been removed.

(3.) THEN the next witness is Yallappa (exhibit No.11). He says that the day before he heard of the murder of Mallava he had been to a cinema performance and that he left the theatre at midnight. He says: I was entering my house when I saw the three accused coming out of the door of the Jamkhandi-math. On their coming near me I questioned them where they had gone and they told me not to interfere in such matters. THEN they proceeded to the shop of accused No.1. Accused Nos. 1 and 2 carried a bundle each and accused No.3 had nothing. THEN he adds: The three accused used to meet in accused No, 1's shop always.