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1983 Supreme(Pat) 233

M.P.VARMA
Sarjug Pd. Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The aforementioned five petitioners have been found guilty of the charges under Ss.147 and 323 of the I.P.C., and each one of them has been sentenced to suffer simple imprisonment for eight months under each count. Petitioner No.1 has been further found guilty of the offence punishable under Sec.324 of the Indian Penal Code and sentenced thereunder to suffer further one years rigorous imprisonment. The sentences have, however, been ordered to run concurrently. They, having lost the appeal against the order of conviction before the Sessions Judge, have filed this application in revision challenging the order of conviction and sentence passed against them.

2. The case against the petitioners arose on information before the police lodged by Rameshwar Singh at the Police Station. Short facts of the case are as follows - That while Rameshwar Singh was returning home after collecting some tolls at Majhauli Hat on 10-5-75 at about 8 P.M., he was suddenly surrounded by these petitioners. They asked him to enter into a compromise in the proceeding under Sec.145 of the Code of Criminal Procedure to which the latter refused whereupon they all fell upon him and began assaulting with











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