CHIKKARANGE GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is an appeal by special leave from a decision of the High Court of Mysore, dated 22-7-1954, by which the convictions and sentences of the appellants were confirmed and their appeals dismissed by the said High Court.

(2.) The appellants are four in number, (1) Chikkaragne Gowda (accused 1), (2) Govindaraju (accused 3), (3) Govinda Gowda (accused (4), (4) Mathi Kulla (accused 19). The appellants, along with several others, were tried by the learned Sessions Judge of Mysore, who convicted them of the offences under Ss. 148, 302, and 302 read with Ss. 34 and 149 Penal Code. They were sentenced to rigorous imprisonment for three years for the offence under S. 148 Penal Code and to transportation for life for the offences under S. 302 and S. 302 read with Ss. 34 and 149, Penal Code.

(3.) It is not necessary to say anything about those others who were convicted by the learned Sessions Judge and whose convictions were upheld by the High Court of Mysore, but who have preferred no appeals to this Court. The facts so far as they are relevant for the purpose. of this appeal may be very shortly stated. There were two brothers named Putte Gowda and Nanje Gowda. On 18-4-1951 the two brothers were in the house of one Madamman, a concubine of Putte Gowda, in the town of Talkad, stated to be a fairly populous town and a place of pilgrimage situate at a distance of about 30 miles from Mysore.