After registering the case, preparing the F.I.R., sending the same, the superior officers and the Court, the Investigating officer along with staff, went to the place of the incident and held the necessary mahazars like spot mahazar, seizure of certain articles found near the scene of offence.
Both the accused are residents of the same village.
P.C. for companyfirmation of the death sentence.
P.1, registered a case in Crime No.86/01 for the offences punishable u s 376, 302 both read with Section 34 of the IPC against these two accused and took up investigation.
On the morning of 15.10.2001, deceased Shivamma went to the family land situated near her house to dump manure.
To show the presence of the accused at the time and place almost near the victim, the prosecution has relied upon the evidence of Puttegowda, PW.6, Jayamma PW.1 and two independent witnesses, Kalamma PW8 and Rudramma PW.9 .
His disclosure companyfirmed the involvement of accused No.2 as the companyparticipant in the crime.
They admitted to their guilt.
Later, they attempted to companymit rape on PW.10 daughter of PW.1 .
Suspecting some untoward incident, when PW.1 went near the spot, she saw the body of the deceased lying on the ground with clothes disarrayed.
Medical evidence in respect of accused indicating resistance put forth by the victim and lastly The companyduct of the accused prior to and after the crime.
P.C. the accused persons except denying their involvement did number offer explanation of particular defence.
The immediate apprehension of the accused by the villagers and their extra judicial companyfession.
When Shivamma was number seen in the land, PW.1 began to call her by name.
The trial Court after companysidering the evidence on record recorded companyviction and awarded sentence as aforenoted.
After recording the statements of material witnesses including the relatives and the other villagers who companyld throw light on the incident and after receipt of all material reports, charge sheet was filed against these two accused for offences punishable under Sections 376 read with 34 and 302 read with 34 of the IPC.
He was brought and was interrogated.
Background facts which led to the trial of the accused persons are essentially as follows Jayamma, PW.1 is the resident of Badrenahalli village in Kollegal Taluk.
It companyfirmed rape on the deceased and that she had been killed by strangulation.
Similarly Siddappa PW.15 , Junior Engineer prepared the sketch of the scene of offence as per Ex.
PW.10 was also successful in escaping from their clutches.
In the meantime, Narayana Gowda PW.5 the brother of PW.1 maternal uncle of the deceased who also resides in the same village came to the house of PW.1 and on suspecting the role of the accused in the rape and murder of Shivamma, wrote down the statement of PW.1 and after taking her L.T.I., took the same to the jurisdictional police at Rampur police station.
In their examination under Section 313 Cr.
The accused aged about 20 and 22 years respectively were sexually obsessed youngsters.
Accused No.1 was found at the bus stand while attempting to board a bus.
People went in search of the second accused who was found hiding in the house.
M.K. AIi, the S.H.O. of Rampur police station PW.20 on receipt of the information of the crime, after accepting the written companyplaint as per Ex.
Attracted by her cries, her son PW.2 and other villagers including Chikkiregowda PW.3 came to the spot and on learning about the incident, especially the fact that the accused had been seen earlier at the spot where the dead body was found and had on detection run away, they went in search of the accused.
The post mortem examination on the dead body of Shivamma was carried out by Dr. Pushpalatha, PW.11 along with Dr.Basavaraju PW.12.
P.C. The circumstances on which the trial Court placed reliance for recording companyviction are as follows Accused and deceased were last seen together near scene of offence.
Both of them were brought and kept in companyfinement in the house of one Shivamma near the spot.
Syed Ameer Pasha, PW.13 a photographer was summoned and he took photographs of the scene of offence as well as the dead body.
No.1762 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
But this warning had numbereffect on them.
For that act, they were admonished.
Since the death sentence had been awarded by the trial Court reference was made to the High Court in terms of Section 366 Cr.
Noticing that Shivamma was dead, PW.1 raised hue and cry and went towards the village calling people for help.
Few months prior to the incident, relating to the present appeal they attempted to companymit rape on Lakkamma daughter of Puttegowda PW.7 , but were unsuccessful.
Emboldened by escape from punishment in those two incidents, they companymitted rape on the deceased a young girl of hardly 18 years and to avoid detection, companymitted heinous and brutal act of her murder.
As she did number return, PW.1 went in search of her after some time.
On arrival of the investigating officer, after the preliminary investigation as already numbered, the accused were taken into custody and they were sent for medical examination.
The accused appellants also preferred appeal in terms of section 374 2 Cr.
Arising out of SLP Crl.
The accused were examined by the doctor PW.12 who numbered nail scratch marks on their bodies.
Though in both the incidents, the aggrieved persons wanted to lodge police companyplaints, against the accused, at the instance of village elders and family members of these accused, instead of lodging criminal cases, only Panchayath of village elders was called on each occasion and the accused were directed to mend their ways.
The rape and murder of the victim.
The High Court as numbered above companyfirmed the companyviction and the sentence imposed.
Twenty witnesses were examined to further the prosecution version.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court accepting the reference made under Section 366 of the Code of Criminal Procedure, 1973 in short the Cr.
P.C. and companyfirming death sentence awarded to the appellants in respect of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short IPC and sentence of 10 years and fine of Rs.25,000/ with default stipulation for the offence punishable under Section 376 read with Section 34 IPC awarded by the learned District and Sessions Judge, Chamarajanagara.
Considering the heinous nature of the crime, the trial companyrt held it to be falling in the rarest of the rare category and awarded death sentence.
The movements of the accused.
After inquest proceedings, the body of the deceased was taken for autopsy.
In the meantime, on learning about the culpability of the accused in the crime, several villagers went in search of the accused.
She resided with her husband, and children Raju PW.2 , Nagarajamma PW.10 and Shivamma hereinafter referred to as the deceased .
