CHIKKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an-appeal against the judgment, dated 12-8-1954, of the Principal Sessions Judge, Bangalore Division, in Kolar Sessions Case .No. 7 of 1954, convicting the accused-appellant, Chikka Byre Gowda alias Nadipina Byregowda, of an offence punishable under Section 302, 1. P. C. and sentencing him to death. The proceedings have also been submitted to the High Court for confirmation under S. 374, Cr. P. C.

(2.) The prosecution case is as follows :

(3.) The accused was the second of three brothers who were living as members of a joint Hindu family. The eldest brother Doddabyre-gowda had a son B, Byregowda and a number of daughters. The son studied up to the S. S. L. C. examination and returned home. He thereafter in terested himself in the management of the family affairs. He took exception to the accused selling away the goats belonging to the family behind the back of his brothers. Ultimately this dissatisfaction resulted in a partition of the family properties amongst the three brothers much against the will of the accused. The latter was all the more incensed when the goats, belonging to the family were auctioned amongst the members of the family and the deceased outbid him and the accused was consequently deprived of them. The family owned two houses, one a big house and another a small one. The small one was allotted to the youngest brother while the big one was divided into two portions, the eastern portion falling to the share of the accused and the western portion to that of the eldest brother. There was only one door for the whole house leading to the street on the western side. Access to this front door could be had from the eastern portion which had fallen to the share of tho accused through a door" situated in the middle of the wall dividing the two portions. According to the arrangement arrived at during the partition the accused had to open a door into the lane situated on the southern side of the house and close the inner door mentioned above. The partition is said to have taken place about nine or ten days before the incident. There was some delay in the accused opening a door in the southern wall of his portion of the house. The deceased pressed him to expedite it and proceeded to collect bricks to close the inner door. This added to the resentment of the accused: In , consequence of all this resentment the accused, some time during the night of 19-2-1954, murdered B. Byregowda with a bachi marked M. O. 15 in the case.