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1950 Supreme(SC) 53

B. K. MUKHERJEE, H. J. KANIA, M. PATANJALI SASTRI, N. CHANDRASHEKAR AIYAR, S. R. DASS, S. MURTAZA FAZAL ALI
Janardhan Reddy – Appellant
Versus
State Criminal Misc – Respondent


Advocates:
A.S.R.CHARI, BAVA SHIV CHARAN SINGH, D.N.PRITI, DANIAL LATIF, G.N.Joshi, I.M.SHROFF, K.B.ASTHANA, M.C.SETALVAD, P.A.Mehta, RAMA RAJA IYER

Judgment

Kania, C.J.I. - These are three crimisc petns. asking for special leave to appeal to the S. C. under Art. 136, Const. Ind.

2. All the accused were charged with being members of the Communist Party wedded to the policy of overthrowing the existing Govt. at Hyderabad by violence and establishing in its place a communist regime. It is alleged that they demanded subscriptions towards their communist organization and some of the villagers who did not meet their demands were abducted on 21-9-1948 and murdered. They were charged with various offences including murder before a special tribunal established under the regulations promulgated by the Military Governor under the authority of H. E. 11. the Nizam and convicted and sentenced to death on the 9th, 13th and 14th of August 1949 by separate judgments. The petnrs. appealed from these judgments, to the Hyderabad H. C. and the H. C. by its judgments dated the 12th, 13th and 14th December, 1949, respectively, dismissed the appeals. The petnrs. applied to the H. C. for a certificate to appeal to the Judicial Committee of the Hyderabad State on 21-1-1950. It appears that H. E. H. the Nizam issued a firman on 23 -11-1949 stating that











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