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1955 Supreme(Bom) 204

D.V.VYAS, J.C.SHAH
Mahamad Jamsher Tadvi and Ors – Appellant
Versus
State – Respondent


Judgment

1. This is an appeal filed by accused Nos. 2, 3, 8, 14 and 15 who were tried with ten other persons in Sessions Case No. 20 of 1955 before the learned Additional Sessions Judge, East Khandesh, for offences under Sections 395, 457, and 397, Penal Code, and under Section 19(f), Arms Act.

The learned Additional Sessions Judge tried the case with the aid of Assessors. The Assessors were of the view that the appellants and certain other persons were guilty of an offence under Section 395 read with Section 457, Penal Code. They were also of the view that the 8th accused, who is the third appellant before us, was guilty of an offence under Section 19(f), Arms Act.

The learned Sessions Judge convicted the appellants of an offence under Section 395 read Section 457, Penal Code. He further convicted the 8th accused, who is the third appellant, of an offence under Section 397, Penal Code, and also under Section 19(f), Arms Act. He sentenced the appellants to various terms of Imprisonment. The appellants have appealed to this Court against that order of conviction and sentence.

2. On the night between the 19th and 20th February, 1955, at about midnight dacoity was committed in the house o



























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