J.C.SHAH, J.M.SHELAT
The State – Appellant
Versus
Abu Ismail Merchant Accused – Respondent
The accused Abu Ismail was tried in Sessions Case No. 21 of 1957 for offences under S. 411, S. 467, and S. 471 read with S. 467 of the Indian Penal Code. The accused was tried before the Additional Sessions Judge, Greater Bombay, with a common jury. The jury brought in a majority verdict of 8 to 1 against the accused for the three offences charged against him. The learned Additional Sessions Judge accepted the verdict of the Jury and convicted the accused and sentenced him to suffer rigorous imprisonment for two years for the offence under S. 411, to rigorous imprisonment for five years and a fine of Rs. 1,000/- and in default of payment of fine rigorous imprisonment for six months in addition for the offence under S. 467, and to rigorous imprisonment for five years for the offence under S. 471 read with S. 467. All the substantive sentences were directed to run concurrently. The accused has appealed to this Court.
(2) The prosecution case was briefly this. There is a firm Hiremani and Jaglur and Co., carrying on business in oil and flour at Hubli in the district of Dharwar. That firm is the proprietor of the Sangameshwar Oil and Flour Mills. The firm of Hirema
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