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1989 Supreme(SC) 123

A.M.AHMADI, S.NATARAJAN
Ajab – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, N.M.GHATATE, S.V.DESHPANDEY

JUDGMENT

AHMADI, J. :— In Sessions Case No. 13 of 1974, 23 persons were arraigned before the learned Additional Sessions Judge, Yavatmal for the commission of offences punishable under Sections 147, 201, 216, 332 and 395, I.P.C. The learned Judge convicted accused Nos. 2 and 17 to 21 under the aforesaid provisions and sentenced them to varying terms of imprisonment on each count. All of them preferred an appeal to the High Court. Masodkar, J., who heard the appeal found that no error was committed by the Trial Court and dismissed the appeal. Against the said order, original accused Nos. 17 to 21 have approached this Court by special leave.

2. The facts giving rise to this appeal, briefly stated, are these : The incident in question occurred on December 26, 1972 between 2 p.m. and 5 p.m., in village Dahegaon. On that day, PW 1, Head Constable Bansi received information that certain persons were gaming by placing bets at a cock fight. Thereupon, PW 1 raided the place in the company of police constables PWs 2, 4, 5, 12 and others and two panchas, PW 6 Narayan and PW 9 Prahlad. Twelve persons were arrested for gambling and a seizure panchnama was prepared. Besides arresting the twelve p






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