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1971 Supreme(Pat) 63

S.SARWAR ALI, KANHAIYAJI, K.B.N.SINGH
Rajeshwar Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

K.B.N.Singh, J.

1. Petitioner No. 1, Rajeshwar Prasad, has been convicted of the offences under Sections- 147, 323, 325, 426 and 452 of the Indian Penal Code (hereinafter referred to as the Code) and has been sentenced to pay a fine of Rs. 50/-, in default to undergo rigorous imprisonment for one month, under Sec.147 of the Code, his conviction under Sec.323 of the Code having been set aside by the lower appellate court. The remaining three petitioners have been convicted of the offences under Sections 147, 323, 426 and 452 of the Code and each of them has been sentenced to pay a fine of Rs. 50/-, in default to undergo rigorous imprisonment for one month, for the offence under Sec.147 of the Code. No separation sentence has been imposed under the other counts on any of the four petitioners.

2. Being aggrieved by their convictions, the petitioners have preferred Criminal Revision No. 2425 of 1968. When this revision application was place-ed for final hearing before a learned single Judge of this Court, a rule of enhancement was issued, as no sentence was awarded to the petitioner under Sections 325 and 452 of the Code. That rule of enhancement gave rise to Criminal Revision













































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