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1957 Supreme(Bom) 68

D.V.VYAS, J.M.SHELAT
Sayyed Husan Sayad Husen and Ors – Appellant
Versus
The State – Respondent


Judgment

Vyas, JJ.

1. The appellants in this appeal were accused Nos. 1 to 18 in Sessions Case No. 40 of 1956 which was heard and decided by the learned Additional Sessions Judge, East Khandesh, at Jalgaon. They have Been convicted by the learned Judge of an offence under Section 395 and an offence under Section 435 read with Section 149 of the Indian Penal Code. In addition, the learned Judge has convicted accused Nos. 1, 6, 8, 12, 15 and 18 of an offence under Section 354 read with Section 149 of the Indian Penal Code. For an offence under Section 395 of the Indian Penal Code the learned Judge has sentenced all the 18 accused persons to suffer seven years rigorous imprisonment. Under Section 435 read with Section 149 of the Indian Penal Code the learned Judge has imposed a sentence of three years rigorous imprisonment upon all the 18 accused persons. Under Section 354 read with Section 149 of the Indian Penal Code the learned Judge has passed a sentence of 18 months R. I. upon accused Nos. 1, 6, 8, 12, 15 and 18. Besides passing the substantive sentence of 18 months rigorous imprisonment upon accused Nos. 1, 6, 8, 12, 15 and 18 the learned Judge has passed a sentence of fine of Rs.





















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