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1925 Supreme(Cal) 688

MUKERJI, CUMING
Khijiruddin – Appellant
Versus
Emperor – Respondent


JUDGMENT

Mukerji, J. - The three appellants, that is to say, No. 1 Khijiruddin Sonar, No. 2, Nawabali Sheikh and No. 3, Qamruzzaman (alias Quamarulzaman.) were tried by the Sessions Judge of Rungpur with the aid of a jury. The jury were divided in the proportion of four to one. The majority convicted the appellants in respect of the charges on which they were tried, viz., Nos. 1 and 2 under Sections 364, 344 and 120-B and No. 3 under Sections 364 342 and 120-B. The learned Judge, accepting the verdict, convicted the appellants of the said offences and sentenced the Appellant No. 1 to rigorous imprisonment for 10 years u/s 366, Indian Penal Code, and to rigorous imprisonment for three years u/s 344, Indian Penal Code, the sentences to run consecutively: the Appellant No. 2 to rigorous imprisonment for three years u/s 366, Indian Penal Code, and to rigorous-imprisonment for one year u/s 345, Indian Penal Code, the sentences to run concurrently; and the Appellant No. 3 to rigorous imprisonment for 5 years u/s 366, Indian Penal Code and, to rigorous imprisonment for one year tinder Section 342, Indian Penal Code, the sentences to run concurrently. No separate sentence was passed for the

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