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1977 Supreme(SC) 108

P.N.BHAGWATI, M.FAZAL ALI SYED
Pratap Misra – Appellant
Versus
State Of Orissa – Respondent


Judgment

FAZAL ALI, J.

( 1 ) IN these appeals by special leave the appellant Pratap Misra (hereinafter referred to as a-1) in Criminal Appeal No. 564 of 1976 and appellant Suresh Chandra Sahu referred to as a-2 and Khitish Chandra Paltasingh referred to as a-3 in Criminal Appeal No. 565 of 1976 have been convicted under S. 452, I. P. C. and sentenced to rigorous imprisonment for one year, under S. 376, I. P. C. and sentenced to rigorous imprisonment for five years, under S. 342 Indian Penal Code to rigorous imprisonment for two months, and under S. 313 I. P. C. to rigorous imprisonment for three years. Suresh Chandra Sahu A-2 was also convicted under S. 325 I. P. C. and sentenced to rigorous imprisonment for one year. The learned Sessions Judge directed the sentences to run concurrently. The appellants filed appeals against their convictions and sentences to the High Court of Orissa which affirmed the judgment of the Sessions Judge and upheld the convictions as also the sentences passed against each of the appellants. The appellants then moved the High Court for a certificate of fitness for leave to appeal to this Court, which having been refused they obtained special leave from thi



























































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