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1962 Supreme(Pat) 137

S.P.SINGH, S.C.MISRA
Brindaban Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.C.Misra, J.

1. The petitioners, Brindaban Prasad and Mathura Sao, were convicted by the learned Assistant Sessions Judge of Dhahbad under Sec.326, Indian Penal Code, and each of them was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 100.00 in default to suffer further rigorous imprisonment for a period of two months. They were also convicted under Section 148, Indian Penal Code, and each of them was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs, 50.00 in default to undergo further rigorous imprisonment for a period of one month. The sentences were to run concurrently. They were charged before the learned Assistant Sessions Judge also under Sec.307 and Sec.307/149, Indian Penal Code, respectively. There were six other accused men also put on their trial along with these two petitioners. The learned Assistant Sessions Judge, however, acquitted others but convicted the two petitioners. They preferred an appeal against their conviction and sentence passed upon them. The learned Sessions Judge who heard the appeal substantially affirmed the conviction and sentence passed upon Brindaban Prasad and the convicti























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