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1961 Supreme(AP) 52

A.V.KRISHNA RAO, MUNI KANNIAH
Sharaf Shah Khan – Appellant
Versus
State Of A. P. – Respondent


RAO J.

( 1 ) TWENTY eight accused persons were tried by the Sessions Judge, Hyderabad and Secunderabad, on a charge under Section 400, I. P. C. The charge was that in June, 1953, they belonged to a gang of persons associated for the purpose of habitually committing dacoity and committed dacoities, from July, 1953 to October, 1954, in the districts of Medak, Hyderabad, Mahboobnagar, Karimnagar and Raichur. The learned Sessions Judge acquitted accused 5, 9, 10, 12, 16, 20, 22, 25, 26 and 28 and convicted the remaining 18 accused either under Section 400, or under Section 395 I. P. C. He convicted accused 1, 2, 6, 14, 19, 21, 23, 24, and 27 under Section 400 Indian Penal Code and sentenced them to imprisonment for life. Accused 3, 4, 7, 8, 11, 13, 15, 17 and 18 were convicted under Section 395 I. P. C. and awarded rigorous imprisonment for seven years and fines of Rs. 50. 00 each. The 18 convicted accused have each preferred a separate appeal.

( 2 ) THE case for the prosecution is briefly as follows:- The 1st accused, Balooch Khan was an ex-army man, residing in the City of Hyderabad. In June, 1953, he conspired with some of the other accused, most of whom were also residents of Hyder
























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