IMPORTANT POINT
Sentence of death should not be passed except in the' rarest 'Of the rare" cases.

JUDGMENT

A. P. Sen, J. - Appellant Earahhadrappa @ Krishnappa is under sentence of death and this appeal by special leave is directed against the judgment of the High Court of Karnataka dated October 29, 1981. The Sessions Judge, Kolar by his judgment dated March 21, 1981 convicted the Appellant under section 302 of the Indian Penal Code for having committed the murder of one Smt. Bachamma, wife of P W. 3 Makrappa and sentenced him to death. On reference, the High Court has upheld the conviction of the appellant under section 302 of the Indian Penal Code and confirmed the death sentence passed on him. The appellant has also been convicted by the learned Sessions Judge under section 392 of the Indian Penal Code for having robbed the deceased of her gold ornaments and clothes and sentenced him to undergo rigorous imprisonment for a term of 10 years,

2. Upon the evidence presented at the trial it transpired that on the night between March 21 and 22, 1979 the deceased Smt. Bachamma was throttled to death at her house in village Mallur and relieved of her gold ornaments. On the night in question, the deceased Smt. Bachamma as usual served dinner to the family members. . After taking his meals, P.W. 3 went upstairs to his bed-room, her mother-in-law P.W. 2 Smt. Bachamma went to the 'kana' to keep a vigil while the deceased slept in the hall adjoining the kitchen and her son P.W. 4 G.M. Prakash slept in the courtyard of the house. The appellant who had recently been employed as a servant by P. W. 3 slept in a room on the ground floor where the silk cocoons used to be reared and kept. On the 22nd morning at about 6 a.m. when P.W. 4 went to wake up his mother he found that she was lying dead and he therefore went upstairs and called his father P. W. 3. The saw that the deceased had been strangulated to death and relieved of her ornaments. Her gold mangalsutra and gold-rope chain were missing so also the gold nose-ring and gold ear-rings. On the right side of the bed was lying the screw of the missing gold nose-ring. There was also lying a towel (M.O. 1) which had been given by P.W. 3 to the appellant for his use, and apparently the deceased had been strangulated with the towel. The iron safe and almirah kept in the hall were found open and bunch of keys which the deceased carried with her was found missing. All the jewellery and cash of Rs. 1700/- kept in the iron safe and six silk sarees kept in the almirah were also found missing. There was a search made for the appellant but he was not to be found either in the house or in the village and he had therefore absconded with the jewellery and valuables.

3. Intelligence report received by P. W. 26 Abdul Mazeed, Circle Inspector of Police who had taken over the investigation from P. W. 25 Sreenivasa Rao, Station Officer Shidalaghatta on March 28, 1980 revealed that the appellant was seen moving in Hosakot and Anekal Taluks and accordingly P. W. 26 along with his staff searched for the appellant in both the taluks but he could not be found, and therefore he encamped at Anekal on that day. On March 29, 1980 he got definite information that the appellant was seen in village Hosahally in Hosakote Taluk and was able to apprehended him at that village at about 2 p.m. On being taken into custody, the appellant made a statement EX.P-35 leading to the discovery of the ornaments and clothes belonging to the deceased from several places. He first led P.W. 26 to the house of his sister P.W. 8 Smt. Yallamma in village Gudisagarapelly leading to the recovery of four silk sarees (M.Os. 11 to 14) which were seized under seizure memo Ex.P-4. From that place, he took him to Village Mattakur from where he bails, to the house of one Dasappa leading the recovery of the screw of the missing gold nose-ring (M.O.5.) which was seized under seizure memo EX.P-7. Thereafter, he took P.W. 26 to the house of P.W. 12 Guruvareddy leading to the recovery of a silk saree (M.O. 15) which was seized under seizure memo Ex.P-5