LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Shivu – Appellant
Versus
R. G. High Court of Karnataka – Respondent
Dr. Arijit Pasayat, J.—Leave granted.
2. 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 confirming 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.
3. 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. She resided with her husband, and children Raju (PW.2), Nagarajamma (PW.10) and Shivamma (hereinafter referred to as the ‘deceased’). Both the accused are residents of the same village. The accused-aged about 20 and 22 years respectively were sexually obsessed youngsters. Few months prior to the incident, relating to the present appeal they attempted to commit rape on Lakkamm
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