Judgment

SEN, J.:- Appellant Earabhadrappa @ Krishnappa is under sentence of death and this appeal by special leave is directed against the judgment of the High Court of Karnataka dated Oct. 29, 1981. The Sessions Judge, Kolar by his judgment dated March 21, 1981 convicted the appellant Under S. 302 of the 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 S. 302 of the Penal Code and confirmed the death sentence passed on him. The appellant has also been convicted by the learned Sessions Judge under S. 392 of the 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 bedroom, he