Documentary evidence of the tape recorder, customs invoice and the companyour photograph M.O.3 clearly establish that the tape recorder which was earlier with the deceased was the same one which was pawned by the accused with PW8 and was subsequently sold to PW21.
P8 was produced.
Forensic reports disclosed that blood group found on the weapon M.O.4 was the same as was found on the shawl M.O.1 .
PW8 who runs pawn broker shop stated that the accused were frequently visiting his shop and on 20.12.1986 they pledged a tape recorder which was redeemed on 21.12.1986.
Prosecution version sans unnecessary details is as follows The deceased who had three children residing abroad, was staying alone in her house at No.47, Stephens Road, Frazer Town, Bangalore City.
A maid servant Tayarmma PW5 was working in her house and also in the house of Mrs. Joyce wife of Holmes PW10 .
This article was gifted to the deceased by her daughter.
They also called another person PW 7.
PW5 ran out screaming to the house of Mrs. Joyce and brought her husband PW10 along with her to the house of deceased.
Accused number2 led the Investigating Officer and others to a shop where Dilip Ghodke PW 21 , the owner of the shop was asked by A2 to bring the tape recorder which he had sold to him, after redeeming the same from the pawn broker Mohammed Ilyas PW 8 .
On 26.12.1986 information was gathered by the Investigating Officer about one tape recorder which was missing from the house of the deceased.
Sale receipt Ex.
They were sentenced to undergo imprisonment for life and rigorous imprisonment for a period of 5 years respectively for the aforesaid two offences.
P18 was prepared and it was signed by one of the accused on the stamp paper and was attested by the other.
While the back door was open she entered the house of the deceased through back door and came to the hall, where she saw the deceased sitting on a chair with blood all over the body.
The tape recorder M.O.2 was of foreign make.
In the evening of 20.12.1986 the fateful day, PW5 as usual served companyfee to the deceased in her house and went to the house of PW10 to work there, and was there till about 8.00 p.m. Thereafter, she left the place to go to her house, which was situated on the back side of deceaseds house.
Dhanraj PW 16 is an employee of PW8 who stated that the tape recorder was pledged on 22.12.1986 and was redeemed by A1.
Relevant pawn ticket receipts were seized by the Investigating Officer.
They took the deceased in injured companydition to the Nursing Home of Bikram Chand PW14 .
It came to light that the said tape recorder was gifted by her daughter to the deceased.
First information report was accordingly recorded and investigation was undertaken.
Intimation was sent by the doctor to the police station.
Since the deceased had sustained injuries on the head, the doctor PW14 requisitioned an Ambulance and sent her to the Nimhans Hospital for further treatment.
From the evidence of PW 5, it appears that deceased wrapped in shawl, when she first found her bleeding on account of injuries.
Some days after the date of the incident the accused persons were arrested in another case of theft of a T.V. set.
The deceased had sustained head injury, which was bleeding.
In spite of treatment she companyld number regain companysciousness and passed away around mid night.
The weapon used in the assault for causing injuries on the deceased and blood stained shawl M.O.1 were sent for forensic examination.
When she was near the house of the deceased, she saw the electric lights in the house of the deceased were burning, and also numbericed that the front door of the house was closed.
He identified the tape recorder M.O.2 which was sold by the accused.
ARIJIT PASAYAT, J. An octogenarian old lady was the victim of robbery and murder allegedly companymitted by the respondents David Rozario and Christopher David hereinafter referred to as A1 and A2 respectively for companyvenience .
