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1952 Supreme(Cal) 63

HARRIES, S.R.DAS GUPTA
MANICKLAL MONDAL – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, Bimal Chandra Chatterjee, BIRESWAR CHATTERJI

S. R. DAS GUPTA, J.

( 1 ) THE petitioners before us are two in number. The petitioner No. 1 has been convicted under Section 353 and Section 332, Penal Code, and sentenced to rigorous imprisonment for six months and to rigorous imprisonment for three months respectively --both the sentences to run consecutively. The petitioner No. 2 has been convicted under Section 353, Penal Code, and sentenced to pay a fine of Rs. 200/- in default to rigorous imprisonment for three months. The case was originally tried by a Magistrate, First Class, Uluberia and he found the petitioners guilty of the aforesaid charges and sentenced them as aforesaid. Against the said convictions there was an appeal to the Additional Sessions Judge of Howrah, but the appeal was dismissed except that the sentences on petitioner No. 1 were directed to run concurrently. It is against the said order of the Additional Sessions Judge that the present application in revision has been made before us.

( 2 ) THE case for the prosecution against the petitioners is as follows.

( 3 ) THERE was a case instituted under Section 107, Criminal P. C. on 18-3-1950 against the petitioner No. 1 Maniklal Mandal and others. A search wa





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