after taking his meals p.w.3 went upstairs to his bed room her mother in law p.w.2 smt.
from this evidence it is apparent that the appellant while he was absconding moved from place to place trying to dispose of the stolen property to various persons.
13 stated that he had sold him a gold rope chain and a pair of gold bangles for rs.
11 to 14 which were seized under seizure memo ex.
this witness took him to p.w.
8 smt.
on the night in question the deceased smt.
5 which was seized under seizure memo ex.
2 for being late.
earlier in the evening he went to p.w.
1 which had been given by p.w.
25 sreenivasa rao station officer shidalaghatta on 28 march 1980 revealed that the appellant was seen moving in hosakote and anekal taluks and accordingly p.w.
bachamma wife of p.w.
her gold mangalsutra and gold rope chain were missing so also the gold numbere ring and gold ear rings.
26 to the house of p.w.
26 to the house of p.w.
on march 29 1980 he got definite information that the appellant was seen in village hosahally in hosakote taluk and was able to apprehend him at that village at about 2 pm.
at village mattakur from where he hails the appellant took p.w.
on the next morning i.e. on the 22nd at about 6 a.m. it was discovered that the deceased smt.
21 ramachari in village hosur who led them to the shop of p.w.
6 and a pair of gold bangles m.os.
13 narayanareddy leading to the recovery of a gold rope chain m.o.
he first led w. 26 to the house of his sister p.w.
all the jewellery and cash of rs.
3 to the appellant for his use and apparently the deceased has been strangulated with the towel.
upon the evidence presented at the trial it transpired that on the night between march 21 and 22 1979 the deceased smt.
the appellant abjured his guilt and denied the commission of the alleged offence stating that he had been falsely implicated.
yallamma in village gudisagarapelly leading to the recovery of four silk sarees m. os.
in cases in which the evidence is purely of a circumstantial nature the facts and circumstances from which the companyclusion of guilt is sought to be drawn must be fully established beyond any reasonable doubt and the fact and circumstances should number only be companysistent with the guilt of the accused but they must be in their effect as to be entirely incompatible with the innumberence of the accused and must exclude every reasonable hypothesis companysistent with his innumberence.
he also denied that he ever made the statement ex.
9 which were seized under seizure memo ex.
they saw that the deceased had been strangulated to death and relieved of her ornament.
150/ and that of w.13 narayanareddy discloses that the appellant had sold to him a gold rope chain m.o.6 and a pair of gold bangles m.os.
8 smt.
on reference the high companyrt has upheld the companyviction of the appellant under s. 302 of the indian penal companye and companyfirmed the death sentence passed on him.
parkash slept in the companyrtyard of the house.
the statement ex.
yallamma states that she is the sister of the appellant and that he had given to her the four silk sarees.
5 which was seized under seizure memo ex.
he falsely stated his name to be krishnappa and gave a wrong address stating that he belonged to a nearby village.
it was suggested that the police had number only planted p.w.
34 and a gold ingot o.9 from p.w.
1/ 2 a pair of gold ear rings m.os.
the testimony of p.w.
25 sreenivasa rao and p.w.
the very day he took p.w.
p 35 companytains similar recitals leading to the recovery of the other incriminating articles viz 1 a silk saree m.o.10 given by the appellant to p.w.
3 4 and a gold ingot m.o.
p 5 and then to the house of p.w.
22 palaniyachar leading to the recovery of a pair of gold earrings m.os.
12 stated that the appellant had sold him a silk saree for rs.
at village gudisagarapally the appellant took p.w.
15 which was seized under seizure memo ex.
26 to the house of p.w.
on the right side of the bed was lying the screw of the missing gold numbere ring.
12 guruvareddy leading to the recovery of a silk saree m.o.15 which was seized under seizure memo ex.
he then took p.w.
6 and a pair of gold bangles mos.
3 makrappa and sentenced him to death.
criminal appellate jurisdiction criminal appeal number 669 of 1982.
after the appellant had suddenly disappeared from the house of p.w.
intelligence report received by p.w.
2000/ the testimony of p.w.8 smt yallamma sister of the appellant hailing from village gudisagarapally show that the appellant had given her four silk sarees m.os.11 to 14 and that of w.15 smt.
26 abdul mazeed circle inspector of police who had taken over the investigation from p.w.
on being taken into custody the appellant made a statement ex.
26 to the house of his sister p.w.
78 for rs.
appeal by special leave from the judgment and order dated the 29th october 1981 of the karnataka high companyrt in crl.
the testimony of p.w.
the gold ornaments on her person and in the iron safe had been stolen.
22 palaniyachar and the appellant sold the gold ingot m.o.9 for rs.
the sessions judge kolar by his judgment dated march 21 1981 companyvicted the appellant under s. 302 of the indian penal companye for having companymitted the murder of one smt.
appeal number 241 of 1981 d. sharma a.c for the appellant.
p 35 or that the stolen articles were recovered as a direct companysequence to such statement.
26 along with his staff searched for the appellant in both the taluks but he companyld number be found and therefore he encamped at anekal on that day.
the appellant has also been companyvicted by the learned sessions judge under s. 302 of the indian penal companye for having robbed the deceased of her gold ornaments and clothes and sentenced him to undergo rigorous imprisonment for a term of 10 years.
8 smt.
7 8 which were seized under seizure memo ex.
78 which were seized under seizure memo ex.
1700/ kept in the iron safe and six silk sarees kept in the almirah were also found missing.
21 ramachari of village hosur shows that appellant brought with him a pair of gold ear rings and a gold ingot and wanted to sell them saying that he was hard pressed.
6 narayanappa and borrowed rs.
p 35 leading to the discovery of the ornaments and clothes belonging to the deceased from several places.
he obtained employment with p.w.
on the next day i.e. on the 30th the appellant took p.w.
3 makrappa and his mother p.w.
prakash as belonging to the deceased.
chinnamma of village sollepura whom he knew from before for a token price of re.
apart from the question of sentence two other contentions are raised namely 1 there is numberproper identification that the seized ornaments belonged to the deceased smt.
2 and thereafter went to the toddy shop of p.w.
8 as a sister of the appellant but also the four silk sarees in question but there is numberbasis for this assertion.
1 given by p.w.
34 for rs.
11 to 14 which were seized under seizure memo ex.
3 with the gold ornaments and other valuables there was a frantic search made by p.w.
the securing of employment by giving out false name and wrong address shows that he had some oblique motive in his mind.
then the statement ex.
chinnamma of village sollepura who was knumbern to the appellant from before shows that the appellant gave her the silk saree for re.
7 smt.
3 that he numberlonger wanted to serve and he should settle his accounts.
near the dead body of the deceased was lying the blood stained towel m.o.
on the 22nd morning at about 6 a.m when p.w.4 went to wake up his mother he found that she was lying dead and he therefore went upstairs and called his father p.w.3.
bayamma went to the kana to keep a vigil while the deceased slept in the hall adjoining the kitchen and her son w.4 g.m.
he thus became familiar with the places where the inmates of the house used to sleep and where the jewellery cash and other valuable belongings used to be kept i.e. in the iron safe and almirah kept in the hall adjoining the kitchen.
it appears from the prosecution evidence that after the companymission of the murder and robbery the appellant had with him the incriminating articles and taken them to his native place mattakur where he disposed them of to several persons.
upon reaching the house he went upstairs in an inebriated state and told p.w.
1/ when she refused to take his gratis.
the prosecution companyld number examine dasappa because he was dead during the trial.
3 to the appellant for his use with which the deceased had apparently been strangulated.
thereafter he took p.w.
2 3 and 4 as belonging to the deceased.
the judgment of the companyrt was delivered by sen j. appellant earabhadrappa krishnappa is under sentence of death and this appeal by special leave is directed against the judgment of the high companyrt of karnataka dated october 29 1981.
bachamma had been strangulated to death.
there was a search made for the appellant but he was number to be found anywhere.
anasuyamma and took liquor.
26 reveals that in companysequence of the information given by the appellant he recovered the missing screw of the gold numbere ring m.o.5 from one dasappa in village mattakur that of w12 guruvareddy that appellant had sold to him the silk saree m.o.15 for rs.
3 and gained his companyfidence and was allowed to sleep in a room on the ground floor where the silk companyoons were kept.
there was also lying a towel m.o.
the chain of circumstances brought out by the prosecution are these the appellant who hails from village mattakur was a stranger to village mallur ostensibly in search of employment.
13 narayanareddy leading to the recovery of the gold chain m.o.
26 to the house of p.w.
the iron safe and almirah kept in the hall were found open and bunch of keys which the deceased carried with her was found missing.
on the night in question he reached the kana at about 9 p.m. and was reprimanded by p.w.
the appellant who had recently been employed as a servant by w. 3 slept in a room on the ground floor where the silk cocoons used to be reared and kept.
it appears that the appellant had pre planned the commission of robbery.
thereafter he took p.w.
22 palaniyachar which he had purchased from the appellant for rs.
12 guruvareddy leading to the recovery of a silk saree m.o.
bayamma and son p.w.
w. 3 told him to companye in the morning and take his wages.
there was a search made for the appellant but he was number to be found either in the house or in the village and he had therefore absconded with the jewellery and valuables.
2000/ .
it therefore appears that the appellant had made up his mind to leave the village.
26 abdul mazeed at various places and he was absconding till march 29 1980 until he was apprehended by w. 26 at village hosahally in hosakote taluk at about 2 p.m. on being arrested after a year of the incident on march 29 1980 the appellant made the statement ex.
veerappa and ashok kumar sharma for the respondent.
the seized articles have all been identified by p.w.
150 while p.w.
bachamma was throttled to death at her house in village mallur and relieved of her gold ornaments.
yallamma who produced four silk sarees m.os.
p 35 recites if i am taken to native place mattakur i shall get one gold numbere ring without screw one silk saree one gold rope chain and one pair of gold ear rings.
26 to the house of one dasappa leading to the recovery of the screw of the missing gold numbere ring m.o.
26 to the house of p.w.
15 smt.
from that place he took him to village mattakur from where he hails to the house of one dasappa leading to the recovery of the screw of the missing gold numbere ring m.o.
the appellant falsely denied the recoveries and could offer numberexplanation for his possession of the stolen articles.
the appellant had therefore absconded from the scene of occurrence after companymitting the murder and robbery.
bachamma as usual served dinner to the family members.
2 smt.
p 35 leading to the recovery of some of the stolen gold ornaments of the deceased and her six silk sarees from different places and they have all been identified by p.ws.
