JOHN MICHAEL CUNHA, J.

1. Criminal Reference Case No.14 of 2010 is registered on the basis of the Reference made by the XXXIV Addl. City Civil & Sessions Judge (Special Court), Central Prison Premises, Bengaluru, for confirmation of the death sentence awarded on the appellants/accused Nos.1 to 4 vide judgment dated 17.9.2010/30.9.2010 in S.C.No.443 of 2001 & S.C.No.55 of 2004 for the offence punishable under Section 396 of IPC.

2. Criminal Appeal No.799 of 2004 is preferred by accused Nos.1 & 2 and Criminal Appeal No.637 of 2012 is preferred by accused Nos.3 & 4, challenging the conviction under the impugned judgment dated 17.9.2010 and the order of sentence dated 30.9.2010. All these proceedings are heard together and are disposed of by this common judgment.

3. The case of the prosecution is that on 28.10.1999, the deceased Smt. Sudhamani was alone in her house bearing No.960, near Kaveri Apartment, 5th Cross, Shanthaveri Gopala Gowda Nagara, Moodalapalya, within the limits of Vijayanagara Police Station. Between 11.00 a.m. and 1.30 p.m., the appellants (hereinafter referred to as “accused Nos.1 to 4”) and accused Nos.5 to 9 gained entry into the house, conjointly committed