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 Dri