CHINNA GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The appellant, China Gowda, was tried along with six other persons for committing the murder of an entire family consisting of eight persons on the night intervening the 12th and 13th February, 1958, in Handigodu hamlet of the village Viavalli. The learned Sessions Judge convicted every one of them under s. 302, Penal Code, and sentenced each of them to death. In appeal, the accused No. 2, Shivappa Naika and accused No. 7, Gunde Gowda were acquitted. The appeals of the remaining accused persons were dismissed. The High Court, however, confirmed the conviction and sentences only of the appellant Chinna Gowda and of Rame Gowda, appellant in Criminal Appeals Nos. 172 and 173 of 1961 and while affirming the conviction of the other three accused commuted the death sentences passed against them to imprisonment for life. The appellants in the two appeals were granted special leave by this Court under Art. 136 of the Constitution and that is how the appeals are now before us.

(2.) The facts as alleged by the prosecution are briefly these : The deceased, Mariappa Gowda took up residence in Handigodu about eight or ten years prior to the murder. He was an industrious and thrifty person and soon became very prosperous. This aroused the envy and jealousy of the appellant, Chinna Gowda. In the course of years, numerous disputes over the boundaries of fields, trespasses on fields, the flow of water and so on arose between the two of them. For some time prior to the murders, the relationship between Mariappa Gowda (deceased) and the appellant as well as Rame Gowda, the appellant in the other appeal, became very strained. It may be mentioned that Rame Gowda was actually living with Mariappa Gowda for some time and Mariappa Gowda leased out some lands to him. Shortly thereafter, both of them fell out and Mariappa Gowda was anxious to evict Rame Gowda, from the leased lands. Mariappa Gowda was, therefore, reluctant to issue receipts for rent paid by Rame Gowda, to him. This annoyed the latter. Eventually, however, on the intervention of Chandiah Hegde, P.W. 67, Mariappa Gowda passed a receipt in favour of Rame Gowda. To his surprise, Rame Gowda, however, found that the receipt contained false recitals to the effect that he had surrendered the leased land to Mariappa Gowda. He, therefore, complained about this to Chandiah who promised to settle the matter. In the meanwhile, Rame Gowdas anger increased. One day, he actually stopped the bullock cart of Mariappa and challenged him to try and evict him from the leased lands. Sometime thereafter he complained to one Singappagowda that Mariappa had cheated him and said "you will see what I will do to him in a few days." According to the prosecution, the remaining accused were the friends of the appellant, Chinna Gowda but it is not suggested that they had any personal grievance against Mariappa Gowda.

(3.) It is common ground that Mariappas house is situated about a furlong and a half of the house of Chinna Gowda and that no other house than Chinna Gowdas is nearer Mariappas house. Mariappa lived there with his wife Bellamma and six children. Since he was living in an isolated place, he had kept a dog. He also used to keep a light burning outside his house. Further, he had a gun which was usually kept loaded in the house. Few days before the incident, the dog had died but the cause of the death of the dog is not known.