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1961 Supreme(SC) 57

K.SUBBA RAO, RAGHUBAR DAYAL
Teeka And Kabool – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.S.R.CHARI, C.P.LAL, D.P.Singh, G.C.MATHUR, M.K.RAMAMURTHY, R.K.GARG, S.C.AGRAWAL

Judgment

SUBBA RAO, J. : These two appeals are directed against the judgment of the High Court of Judicature at Allahabad dismissing the appeal preferred by the appellants and maintaining the convictions and sentences imposed on them by the learned Sessions Judge, Meerut, under S. 147, S. 424, S. 452, S. 325, read with S. 149, and S. 323, read with S. 149, of the Indian Penal Code.

2. Briefly stated the case of the prosecution is as follows: One Har Narain had obtained a decree from the court of the Additional Munsif, Ghaziabad, against one Sunehri Jogi for a sum of money. In execution of that decree the Munsif issued a warrant for the attachment of the judgment-debtor s property. The amin to whom the said warrant was entrusted attached, inter alia, three buffaloes and two cows, which were in the house of the judgment-debtor, as his property. The amin kept the cattle in the custody of one Chhajju, the sapurdar. As the said sapurdar had no accommodation in his house for keeping the animals, he kept them for the night in the enclosure of the decree-holder with his permission. The next day, at about 7 a.m., the nine appellants, armed with lathies, went to the enclosure of the decree-hol



























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