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1956 Supreme(SC) 110

P.GOVINDA MENON, SYED JAFAR IMAM
Sudhdeo Jha Utpal – Appellant
Versus
State Of Bihar – Respondent


Advocates:
B.K.SARAN, BRAJESVAR PRASAD, Jai Gopal Sethi, MAHABIR PRASAD, NAUNIT LAL, S.P.Varma

Judgement

GOVINDA MENON J.- This is an appeal by special leave against the revisional judgment of the High Court of Patna, by which the conviction of the appellant of offences under Ss. 420 and 193, Penal Code had been confirmed and a sentence of two years rigorous imprisonment passed on him under S. 120-B, read with S. 420, Penal Code, by the trial Court and confirmed in appeal, had been transposed for the offence under S. 420, Penal Code. The sentence under S. 193, Penal Code was also confirmed but was directed to run concurrently with the other sentence. The circumstances relating to the above appeal may be shortly stated as follows : -

One Ramjiwan Himat Singka, who was the Director and Managing Agent of the Express Auto Service, Ltd., was prosecuted, along with the appellant, for an offence under S. 120-B, reed with S. 420, Penal Code, before the First Class Magistrate of Patna, who convicted both of them of that offence, which conviction having been confirmed in appeal by the Third Additional Sessions Judge of Patna, was made the subject of a revision before the High Court of Patna which acquitted both the appellant and Ramjiwan Himat Singha of the offence of conspiracy. As s











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