JUDGMENT - (1) The three appellants were convicted under S.395 of the Indian Penal Code and each of them was sentenced to rigorous imprisonment for three years by the learned sessions Judge, Akola in Sessions Trial No. 8 of 1959 The charge against the appellants was that on 11th September 1958 they, along with two others, committed dacoity and looted grocery articles belonging to the Akbarali Syed Anwar and thus committed and offence under section 395 of the Indian Penal Code.

(2) Akbarali Syed Anwar has a grocery shop at Khetri and his son-in-law Abdul Munaf is working in his shop. A few days prior to the last pola day, he sent Abdul Munam and one Jardarkhan rto make purchase from Khamgaon from the shopof one Haji Adam Bodabhai, with which shope he had on a Khata. Rs. 500 were paid by him for being paid to the Khamgaon shop towards his previous dues. Abdul Munaf and Jardarkhan left Khetri on 9th September 1958 and reached Khamgaon via Balapur in the evening Rs.500/- were paid in theshop of Haji Adam Bodabhai and Abdul Munaf and Jardarkhan stayed overnight at Khamgaon. On the next day, Abdul Munaf, purchased grocery articles worth Rs.900/- and Jardarkhan purchased articles worth Rs.

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