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1960 Supreme(Pat) 167

K.SAHAI, N.L.UNTWALIA
Birichh Buian – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sahai, J.

1. The substantial point which this case raises is as to the true effect and scope of Clause (b) which has been inserted in Sec. 537 of the Code of Criminal Procedure by the amending Act (XXVI of 1955).

2. Birichh Bhuian son of Jhari Simian, Jadooni Bhuian, Bhimla Bhuian and Kaila Bhuian (Petitioners Nos. 1, 8, 9 and 10) have been convicted under Sec, 147 of the Penal Code, and have been sentenced to undergo rigorous imprisonment for one year each. They have further been convicted under Sec. 452; but no separate sentence has been passed under that section, Birichh Bhuian son of Basu Bhuian, Saiju Bhuian, Akloo Bhuain, Gulab Bhuian, Mogla Bhuian, and Dha-ramjit Bhuian, (petitioners Nos. 2 to 7) have been convicted under Sec.147, and each of them has been sentenced to undergo rigorous imprisonment for three months. Jamal (petitioner No. 11) has been convicted under Sec.224 of the Penal Code, and has been sentenced to undergo rigorous imprisonment for one year. He has also been convicted under Sec.11 of the Bengal Public Gambling Act (2 of 1867); but no separate sentence has been passed under that section. Moti Sonar, Hussain Mian, Kesho Bhuian and Ramkhelawan Bhuian



















































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