The case of the prosecution is that, on 19.12.2007 at about 8.15 a.m., one Govindashetty, son of Sriramulu Shetty, resident of S.S. Ghati Taluk, Subramanya Temple, Ghati Subramanya Taluk, Doddaballapura, lodged a written complaint before the Doddaballapura Rural Police Station.

2. The case of the prosecution is that the complainant-Govindashetty was running a shop, for selling flowers and pooja materials at S.S. Ghati in the premises of Shri Ghati Subramanya Temple. That he and his father, were looking after the Arya Vysya Choultry situated in the said S. S. Ghati, just behind his shop. That on 18.12.2007 at about 3.30 p.m., while the complainant was near the said choultry, two women came to him and asked for a room for rent in the choultry. He told them that, no rooms are available. Thereafter both of them went away. After some time, they both came and pleaded, to give them a room atleast for half an hour, to facilitate them to have a bath and to change their dress for the purpose of visiting the temple. At such request, the complainant gave them the key of Room No.5, asking them to pay Rs.100/- towards room rent and Rs.50/- towards deposit. He collected Rs.150/- and handed over to them, the key to Room No.5. He handed over the room key to one of them, who was aged about 40 years wearing spectacles, who stated her name to be Savithramma, resident of Triveni Road, Yeshwanthpur, Bengaluru. The other woman, was aged about 30 years and was fair looking. On the same day, evening the complainant went to the Choultry to check the rooms. He found that Room No.5 was locked with a different lock, other than the one he had provided to them. On suspicion, he opened the window pane and found that the light of the room was on and a woman was lying with her face up. The complainant suspecting some foul play, secured his workman by name Chandrashekar and they together broke open the lock. They found the woman aged about 30 years, lying in the room with a wire around her neck. She was dead. The other woman namely Savithramma, who came with the deceased, was missing. The complainant informed the Secretary of the Choultry and thereafter came over to the jurisdictional police station on the next day morning and lodged a complaint. Based on his complaint, a case was registered in Crime No.192 of 2007 under Section 302 of IPC and the Investigation was taken-up.

3. The further investigation was taken over by the Circle Inspector of Police, Doddaballapura District. During the course of investigation, the Investigating Officer secured the husband of the deceased who identified the dead body. On 31.12.2007, the Investigating Officer received information that the accused in this case has been arrested by Kalasipalya Police and jewellary and cash robbed by her in this case have been recovered on 29.01.2008. The Investigating Officer received the relevant records along with properties, pertaining to this case from the Kalasipalya Police. On completion of investigation, a chargesheet was filed. The accused was charged under Sections 392 and 302 of IPC. The accused pleaded not guilty and claimed to be tried.

4. In order to prove its case, the prosecution examined 12 witnesses, marked 13 Exhibits along with 13 Material Objects.

5. The trial Court convicted the accused for the offences punishable under Sections 302 and 392 of IPC. She was sentenced to death for the offence punishable under Section 302 of IPC and sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs.5,000/- for the offence punishable under Section 392 of IPC and in default of payment of fine, to undergo further Rigorous Imprisonment for one year.

6. On a reference being made by the trial Court, Criminal Referred Case No.2 of 2012 had been registered before this Court. The Accused has filed Criminal Appeal No.631 of 2012.

7. The accused is defended by Sri. Venkatesh P. Dalawai and Sri. Vijayakumar Majage, learned Additional S.P.P. appears on behalf of the State.

8.