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1971 Supreme(SC) 596

D.G.PALEKAR, I.D.DUA
Gokul: Kanhaiya – Appellant
Versus
State Of Rajasthan – Respondent


Judgment

DUA, J.:- These two connected appeals by special leave, Crl. A. 179 of 1969 being by five appellants and Crl. A. 180 of 1969 by one, arising out of one criminal trial, are directed against the judgment and order of the Rajasthan High Court dated April 9, 1969. Facts giving rise to these appeals may now be stated:

29 accused persons, including the six appellants before us, were committed by the sub-divisional Magistrate, Rajgarh to stand their trial for various offences, broadly stated, under Ss. 302, 332, 325, 324 read with S.149, I.P.C.and under S.307 or in the alternative under S.307 read with section 149, I.P.C. Some of them were also charged under S.148, I.P.C. and the remaining under S.147, I.P.C. It is unnecessary for the purpose of the present appeal to give more precise details about the charges. The occurrence giving rise to the trial took place on April 12, 1967 at about 10.30 a.m. near the thrashing floor of Kanhaiya, appellant, against whom a money decree had been secured by Shyamlal (P.W.12). In execution of that decree Shyamlal had obtained a warrant of attachment on April 11, 1967 in respect of the crop belonging to Kanhaiya and lying at his thrashing floor. O


















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