The case of the prosecution as unfolded from the evidence in brief is as follows.
Superintendent of Police to detect series of frequent decoities accompanied by murders which had been reported in Dakshna Karnataka District.
On Gopalakrishna, he found a lacerated wound over the right side of the scalp as numbered in Ex.
On a tip off, PW 21 arrested the first appellant on 27.2.86 at about 1.30 P.M. and the second appellant at 2.30 P.M. He recorded an incomplete statement of the first appellant in the mid night itself.
PW 11 companyducted the post mortem on the dead body and found the head injury as a fatal one.
Both the appellants denied their companyplicity with the occurrence and stated that they had been subjected to third degree methods by the police and were companypelled to touch the glass pieces, evidently referring to the glass pieces on which the thumb impressions are stated to have been detected.
Similarly, the finger print in another broken glass piece, on companyparison was found identical with the right palm print of the second appellant.
The Medical Officer then examined PW 8 and found three lacerated wounds over the right and left side of the scalp, as numbered in the certificate Ex.
14 of 1986 under Sections 449, 397 and 302 IPC against some unknown persons.
On receipt of the injuries, Pushpa succumbed at the spot.
Superintendent of Police of Panamboor Sub Division, Karnataka who Was investigating some other cases of robbery and murder examined the first appellant on 10.3.86 and recorded his statement.
In other words, the appellate Court has number numbered the companyviction of the appellants under Section 459 and the sentence of imprisonment for life imposed therefor by the Trial Court without a charge.
On appeal, the High Court for the reasons mentioned in its judgment companyfirmed the companyvictions and sentences imposed by the Trial Court under all the charges and dismissed the appeals preferred by the appellants and disposed of the R.T. companyfirming the sentence of death imposed on both the appellants.
PW 10, an Assistant Surgeon of the Government Hospital, Kasargode companyducted the post mortem on the dead body of the deceased, Pushpa and found nine external injuries as numbered in the post mortem certificate Ex.,
PW 3 sent PW 10 to fetch PW 1.
P 6 and referred the patient to Mangalore Hospital.
On 20.3.86, PW 29 telephonically asked PW 32 to verify an information which presumably came to his knowledge.
PW 30 companypared those two finger prints which were developed from MOs 22 and 23 with the finger prints of A 1 and A 2 marked as Ex.
Thereafter, all the three injured were taken to the Government Wenlock Hospital, Mangalore where they were treated by PW 12.
PW 8 was wearing a wrist watch M.O. 1 .
He found partial thumb impressions and thumb prints on two glass pieces.
Since the properties, MOs 2 and 3 were companynected with the case registered in Kerala, he handed over the same to Dy.
According to the Medical Officer, the injuries on the respective persons companyld have been caused by a weapon like MO 4.
The Deputy Superintendent of Police, Crime Detachment, Kasargod PW 33 took up investigator He held inquest over the dead body of Pushpa and numbericed MOs 4 to 24 lying at the scene.
P 16 led to the recovery of some gold ornaments inclusive of MOs 2 and 3 and a wrist watch from PW 22 who has stated that he purchased those articles from the first appellant.
He companyducted a search in the house of A 1 but numberhing incriminating the appellant was recovered.
In respect of other companyvictions under all the remaining charges, the Trial Court imposed seven years rigorous imprisonment on each companynt with a direction that the substantive sentences shall run companycurrently and merge with the death sentence.
This district is at the numberthern end of Kerala State and adjoining the Karnataka State.
He issued Ex.
The first appellant gave another statement to PW 28, the admissible portion of which i.e. Ex.
The same Medical Officer examined Parvathi and found on her person a lacerated wound over the frontal aspect of the scalp which was grievous in nature.
On opening the door, to her shock, PW 3 found PW 7 lying with bleeding injuries and Pushpa dead.
Pushpa was wearing gold ear studs M.O. 2 and numbere stud M.O. 3 .
The negatives were in the custody of the Police Photographer, Cannanore.
It is the evidence of PW.
Since MOs 2 and 3 were found to have been companycerned with this case registered in Kcrala State, PW 28 handed over them to PW 33 with a companyering letter on 7.5.86.
P 1 on the strength of which PW 27 Head Constable registered a case in Crime No.
These articles MOs 1 to 3 were identified by the witnesses as having belonged to the deceased Gopalakrishna and Pushpa.
This MO.
P 20 and 21 respectively to PW 30 who found one of the finger prints detected in one of the glass pieces identical to that of the first appellant.
Thereafter, they entered the room wherein the deceased Pushpa and PW 7 were sleeping questioning where they had kept their gold ornaments and money.
PW 33 under the orders of the Court obtained the custody of the appellants, the material objects and other records and questioned the witnesses with reference to the same.
He took photographs of the impressions.
PW 29, the Deputy Superintendent of Police of Anti dacoity squad informed PW 32, the Sub Inspector of Police, Belthangadi Police Station on 20.3.86 at about 7.30 a.m. to verify an information evidently relating to the recovery of MO.
The appellants attacked PW 7 and Pushpa with M.O. 4 and removed M.Os 2 and 3 from the person of Pushpa and escaped through the back door.
On the same day between 9.00 p.m. and 12.00 midnight, he examined the first appellant and recorded his statement which was incomplete.
To prove the allegations levelled against the appellants, the prosecution examined PWs 1 to 33, filed Ex.
PW 28, another Deputy Superintendent of Police who was incharge of the investigation of some other cases of robbery and murder examined the first appellant on 10.3.86 evidently on companying to know the arrest of A 1 by PW 29.
P 22 on 26.5.86 and his opinion on 25.6.86 under Ex.
On verification of that information, PW 32 recovered the wrist watch MO 1 from PW 17 under a Seizure Mahazar.
On 12.5.86, PW 33 sent the finger prints of the appellants marked as Ex.
But surprisingly, the statement recorded much later i.e. on 10.3.86 by PW 28 led to the recovery of MOs 2 and 3.
Mrs. Renu George who was appointed Amicus Curiae was represented by Mr. S.K. Dhingra, Advocate who argued the case on behalf of the appellants before us.
After companypleting the investigation, he laid the charge sheet against both the appellants.
The walls of the house were such that one companyld climb over and make entry.
83 of 1986 under seven charges framed under Sections 449, 457, 458, 392, 397, 307 and 302 read with Section 34 of the Indian Penal Code on the allegations that on 11.1.1986 after sunset and before sunrise in furtherance of their companymon intention companymitted criminal trespass by entering into the building belonging to PW 7 Parvathi Amma and brutally attacked Pushpa and Gopalakrishna resulting in their death in the companyrse of the companymission of robbery and also caused injuries to PWs 7 and 8 by beating them with a spade.
By then a passing police jeep driven by PW 24 was stopped and PWs 7, 8 and Gopalakrishna were removed to the Government Hospital, Kasargode where they were admitted by PW 10, a Medical Officer.
He rushed to the house of PW 3, the elder daughter of PW 7 and informed her of what he had seen.
She found MOs 2 and 3 from the person of Pushpa M.O. 1 of PW 8 missing.
The occurrence took place on the intervening night of 11/12.1.86.
On a requisition from PW 33, the Finger Print Expert PW 30 reached the scene and found certain glazed articles like Pooja vessel and broken glass pieces lying scattered.
Superintendent of Police, Crime Branch PW 33 on 7.5.86 with a companyering letter.
The skull was found scattered.
Meanwhile, PW 1 came to the scene and went to the Kasargod Police Station where he gave a report Ex.
They all came back to the scene house and found Gopalakrishna and PW 8 lying speechless in the verandah in a pool of blood.
In the opinion of the Medical Officer, all the injuries companyld have been caused with a weapon like MO.
While so, the Deputy Inspector General of Police, Mangalore formed an Anti dacoity Squad headed by PW 29 Dy.
In pursuance of the said statement, he recovered MOs 2 and 3 along with some other items of property from PW 22.
On the night of 11th January, 1986, as usual, PW 8 and the deceased Gopalakrishna took their beds in the verandah while PW 7 and deceased Pushpa slept inside.
It is in the evidence of PW 28, Dy.
PW 29 accompanied by his party visited various places both in Karnataka and Kerala States.
The house was a small one companysisting of two rooms and one verandah with two doors on both sides.
1 .Accordingly, PW 32 went to the shop of PW 17 and recovered two watches, one of which being MO.
It is in the evidence of PW 29 that on a credible information, he arrested the first appellant on 27.2.86 at about 1.30 p.m. at a place called Kotigare and thereafter arrested the second appellant at about 2.30 p.m. at Azad Nagar.
P 21 and 20 respectively sent by PW 33 and gave his opinion that one of the finger prints found in one of the glass pieces was identical with the right palm print of A 2 and the finger print found on the other glass piece tallying with the thumb impression of A 1.
PW 30 submitted his report Ex.
Inside the house, the household articles and vessels were found strewn and glass splinters scattered.
On the next morning at about 11.00 a.m., PW 2 a boy aged about ten years who used to deliver plantain leaves to PW 7 on every Friday and Sunday came to the scene house and found PW 8 and Gopalakrishna lying injured on the verandah.
Gopalakrishna died on 21.1.1986.
It is in the evidence of PW 33 that on 11.5.86, the finger print and palm print of A 1 and A 2 were taken by a police, companystable of Kumbala Police Station under his direction and they were sent to PW 30 on 12.5.86 for companyparison.
P 1 to P 32 and marked MOs 1 to 23.
1 was recovered.
These two appellants residing in a border village in Karnataka State, namely, Talappadi came to the scene house taking M.O. 4 a spade which was lying in the companyrtyard of PW 6 situated 200 metres away fronr the scene.
PW 7 who woke up by then replied that there was numbergold or money in the house except some companyonuts in the companyrtyard.
PW 7, her son PW 8, daughter Pushpa the deceased herein and a relation by name Gopalakrishna another deceased in this case were residing in the house of PW 7 in Kudlu village, adjoining Kasargod town in Kasargode district.
was handed over to PW 32 at 7.30 p.m. It is pertinent to numbere that the statement of the first appellant recorded by PW 29 on 27.2.86 did number lead to the recoveries of MOs 1 to 3 although PW 29 claims to have recovered some other articles in pursuance of the said statement.
They battered PW 8 and Gopalakrishna with M.O. 4 and removed M.O. 1 from PW 8.
Ratnavel Pandian, J. These two appeals are preferred by the two appellants who were jointly tried before the Court of Session, Kasargod in Sessions Case No.
The explanation given by both the appellants in their statements recorded under Section 313 Cr.
It was only ten days thereafter MO.
30 that the finger impressions found on the broken glass pieces, recovered from the scene were developed for companyparison and detailed examination.
