HC sets aside death penalty for three of Dandupalya gang

BENGALURU: The High Court on Friday set aside the death penalty awarded to three members of the Dandupalya gang and acquitted another member as the charges of dacoity and murder against them had not been proven.  

However, the court sentenced all three to rigorous imprisonment for 10 years and fined them `10,000 each as the charges of robbery had been proved. The three accused are Venkatesh alias Chandra, Munikrishna alias Krishna and Nallathimma alias Thimma. The fourth accused Lakshmamma was acquitted.
The division bench of Justice Ravi Malimath and Justice John Michael Cunha on Friday said the three convicts are entitled to the benefit of set-off for the period of detention, they have already undergone.

The convicts were lodged in Hindalaga Jail in Belagavi. They had filed appeals in HC against the judgment of Special Court at Central Prison in Parappana Agrahara in Bengaluru, which had awarded death penalty to them in 2010.  Meanwhile, the special court sent reference to the HC for confirmation of the death penalty. After hearing the appeals, the division bench had reserved the judgment on July 31, 2017.

The prosecution said: “The four accused persons on March 22, 2000, along with three other accused persons gained illegal entry into a house at Magadi Main Road in Kamakshmipalya police station limits in Bengaluru, on the pretext of asking for drinking water and smothered to death one Sudhamani (42) and her of robbed four golden bangles and Mangalasutra.” They were arrested on January 31, 2001 on the outskirts of Echanur village in Tiptur taluk of Tumakuru district.

“Except the proof of recovery of  gold ornaments from the three accused, no other evidence is produced by the prosecution to show that robbery and the murder occurred at the same time.  None of the ingredients of IPC section 396 (dacoity with murder) was proven by the prosecution. No convincing evidence has been offered to connect the accused to teh murder. Fourth accused is entitled to be acquitted outright as there is no evidence against even with regard to robbery,” the division bench said.

“It is unfortunate that the sessions judge has relied on the voluntary statements of the accused to award death penalty. Therefore, death penalty cannot be sustained,” the bench said.

Gang facing 111 cases: Prosecution

While urging the court to confirm the death penalty, the Special Public Prosecutor submitted that necessary materials are produced before the trial court to prove that the accused were the members of a notorious gang who were facing trial in 111 cases on the similar charges. The accused have been adopting a similar modus operandi in identifying the houses occupied by lonely women and gaining entry therein on the pretext of asking for drinking water and then killing them before robbing them.