JUDGMENT

(Prayer: Criminal Appeals filed under Section 374(2) of Code of Criminal Procedure, 1973, to call for the records in S.C.No.114 of 2009, on the file of the learned Additional District and Sessions Judge, Hosur dated 23.01.2020 and set aside the judgment dated 23.01.2020.)

Common Judgment:

Sunder Mohan, J.

1. These appeals have been filed by Accused Nos.2, 3, 4 and 5, challenging the conviction and sentence imposed upon them vide judgment dated 23.01.2020 in S.C.No.114 of 2009, on the file of the learned Additional District and Sessions Judge, Hosur.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

3.(i) The case of the prosecution is that on 30.01.2009 at about 4.00pm, the accused to commit robbery trespassed into the house of one Shakila Banu (the deceased), situated at Kalukondapalli Village near Hosur Thali Road; that A1 and A4 took the deceased to her bedroom and tied her in a chair and thereafter, gagged her mouth and her nose with a plaster, knowing fully well that it is likely to cause death; that A1 and A4 tied the han