JUDGMENT

S.B. Sinha, J.—

1. Accused No.3 before the learned Trial Court is before us aggrieved by and dissatisfied with a judgment and order dated 17.12.2003 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.1820 of 2003 modifying his sentence from death to rigorous imprisonment for life arising out of a judgment dated 11.11.2003 passed by the I Additional District and Sessions Judge, Bangalore Rural District, Bangalore in SC No.73 of 2000.

2. PW3, Manjusetty was the driver of a truck bearing Registration No.AP-09-4948. Deceased Shivashankar (Shekar) was the cleaner in the said truck. Accused No.5 Jayamma is said to be a member of a gang of dacoits comprising of accused Nos. 1 to 4 being Krishna, Manjunath, Ramesh (appellant) and Shivalinga. The truck belonged to one Natraja Transport Company having its office at Prashanth Nagar, Bangalore.

3. A First Information Report was lodged by PW2, Puttaswamy alleging that on 24.12.1998 when he had gone to Kunigal for work, he received a call in his mobile phone at about 7.45 am from his office informing him that the aforementioned truck had been stolen by some persons. He was asked to look into the matter. He with Driver Eshwara went in search of the said truck in a Maruti Van bearing Registration No.KA02 7055. Near a factory which is on the side of highway No.48 at Kunigal, he found that some people had gathered by the side of the road. Upon enquiries made by them, they came to know that a pair of chappal was lying at some distance away from the road. They proceeded further and found one ‘pant’ and two undergarments. Proceeding further they found blood stains and a severed hand of a man on the field. It now stands established that the same was that of the driver of the lorry. They thereafter went towards Solur, Nelamangala, Shivagange and Kudur. On the way from Kudur to Shivagange, they again found that some people had gathered near Thorerama-nahalli and upon enquiries made, they were informed that one dead body was lying at some distance. They found the dead body to be that of the cleaner, Shekar. They informed the owner of the vehicle thereabout. They furthermore went in search of the truck. They came to learn that the driver of the truck, Manja had been admitted to Mallige Medical Centre at Bangalore City whereupon they visited the nursing home and found him to be in a seriously injured condition, his left hand having been severed. He was instructed by the owner of the truck to lodge a complaint with the police pursuant whereto a First Information Report was lodged. It was registered under Section 302, 392 and 307 of the Indian Penal Code.

4. The prosecution case, as disclosed by PW3 is as under :

While he was driving the said truck on 22.12.1998 with some goods to Bhadravathi, he visited his sister’s house at Marishetty Halli, village in Channaryapattana Taluk. He left his sister’s village at 7.30 pm in the night on 23.12.1998. He came near the Johnson factory at about 10 pm. The road was under repair. He saw accused No.5 Jayamma standing by the side of the road. She came to him by making a signal with her hand whereupon he sent the cleaner Shivashankar to enquire as to what was the matter about. He returned back after speaking to her stating that she intended to go to KMDL factory. She had asked him to give her Rs.50/-. As PW3 had no money with him, he borrowed the said sum from the cleaner, got down from the truck and proceeded towards the place where she had been standing. Jayamma led him towards the field. When apparently they were having sex, accused No.1 to 4 came from behind and suddenly caught hold of him. Krishna, accused No.1 is said to have inflicted an injury on the backside of his neck with a hatchet. He tried to run away. He was chased by the other accused persons. They again tried to hit him on his neck. However, he raised his hand to protect his neck as a result whereof, the blow fell on his left hand resulting in severing of his left palm. H