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1985 Supreme(SC) 178

A.N.SEN, P.N.BHAGWATI
State Of Maharashtra – Appellant
Versus
Annapurnabai – Respondent


Advocates:
J.VAD, M.N.SHROFF, M.S.Gupta

Judgment

VARADARAJAN, J.:- These appeals by special leave are against the judgment of the Allahabad High Court in Criminal Appeal No. 2371 of 1970, dismissing the appeal and confirming the conviction of all the appellants under S. 302 read with S. 149 I.P.C., of appellants Rameshwar, Rajju and Banthu under S. 148 I.P.C. and of appellants Kallu Singh, Lallu Singh and Lalji Singh under S. 147 I.P.C. and the sentences awarded to them by the trial court, namely, imprisonment for life under S. 302 read with S. 149 I.P.C., rigorous imprisonment for two years under S. 148 I.P.C. and rigorous imprisonment for one year under S. 147 I.P.C.

2. The prosecution case was that on 3-9-1967 -one Satti Din was keeping a watch over his sal and other crops in his naultar field while his brother Ramashankar (P.W.1) was grazing his bullocks in a nearby field. Satti Din began to drive to the pound some cattle of the appellant, Rameshwar which had strayed into his field. Then the appellant Rameshwar came there, armed with a pharsa and asked Satti Din to release the cattle. On Satti Din refusing to release the cattle, appellant, Rameshwar cried out whereupon the other appellants, Rajju, Banthu, Lalji, Kallu








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