JUDGMENT :

These two appeals are filed against the judgment dated 19th day of September 2007 passed in S.C.No.335/1991 on the file of Fast Track (Sessions) Judge, Bengaluru City, Fast Track Court-II, Bengaluru.

2. Criminal Appeal No.1596/2007 is filed by accused No.1 challenging the judgment of conviction passed against him for the offences punishable under Sections 302, 397 and 201 of Indian Penal Code and sentencing him to undergo imprisonment for life, rigorous imprisonment for seven years and simple imprisonment for three years respectively for the aforesaid offences and to pay fine of Rs.5,000/-, Rs.1,000/- and Rs.1,000/- respectively, and in default, to undergo further simple imprisonment for three months, one month and one month respectively.

3. Criminal Appeal No.1520/2007 is filed by accused Nos.2 and 4 challenging the judgment of conviction passed against them. Accused No.2 is convicted for the offences punishable under Section 201 of Indian Penal Code and is sentenced to undergo simple imprisonment for three years and fine of Rs.1,000/- and in default, simple imprisonment for one month. Accused No.4 is convicted for the offences punishable under Section 202 of Indian Penal Code and is sentenced to undergo simple imprisonment for three months. He is also convicted for the offence punishable under Section 212 of Indian Penal Code and sentenced to undergo imprisonment for one year and fine of Rs.1,000/-. In default, simple imprisonment for one month for the offence punishable under Section 212 of Indian Penal Code. This Court earlier allowed both the appeals and acquitted the accused persons vide judgment dated 21.04.2010 which was challenged by the State before the Hon’ble Supreme Court in Criminal Appeal No.990-991 of 2012. The same was allowed and the Apex Court set aside the judgment of this Court and remanded the matter to this Court for fresh a consideration. Accordingly, the matter has been taken up for reconsideration.

4. Brief facts of the case are that:-

One Smt. Chukibai, aged about 68 years, was living alone in her house situate at Chamarajpet. She was carrying on the business of pawnbroker in her residence only. Her business was a special business, as it is only other pawnbrokers who were re-pledging the articles got pledged by them with her. Thus, she was having only limited customers who all were well-known pawn-brokers to her. Accused No.1 was one of her customers, accused No.2 is the Uncle and accused No.4 is the Aunt of accused No.1. Accused No.3 was the friend of accused Nos.1 and 2 and he is no more. The case has been abated against him.

5. Smt.Chukibai was keeping the pledged articles in an Almirah in her house and she was opening the door of the house only if her close relatives and her known customers knock the door. Accused No.1 was knowing that an age old lady is residing alone in the house having considerable valuable articles. The said fact influenced him and hence, accused No.1 decided to rob those valuables by murdering Smt.Chukibai. In order to carry out the said illidea, on 12.05.1991 at about 20.30 hours, he went to the house of Chukibai. As accused No.1 was a known figure, Chukibai opened the door. Accused No.1 killed her by strangulation, and carried Rs.20,000/- and gold and silver articles in two separate cloth bags to the house of accused No.4 and concealed those articles in the bed room of the house of accused No.4. However, he picked up a small quantity of jewels and by going over to his house handed over those jewels and Rs.15,000/- to his mother. After completing these activities, the fear entered his mind. Then, he approached accused Nos.2 and 3 and sought their help to dispose of the body. Accused Nos.2 and 3 with an intention of getting the robbed articles shared, agreed to help him. They decided to shift the dead body to a distant place and burn it, to screen accused No.1. To carryout the said plan, accused No.3 contacted his friend C.W.-39 Sri.V.N.Sudhan and borrowed his Amba