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1941 Supreme(Mad) 400

HAPPELL


JUDGMENT

Horwill, J.

1. The appellants and three others were charged by the Additional Sessions Judge of Coimbatore of the offences punishable under Sections 148, 302, 302 read with Section 149, and Section 324, Indian Penal Code. He found accused 1, 2 and 5 guilty under Section 48 and sentenced them to three years rigorous imprisonment each. He found accused 6 and 8 guilty under Section 148, Indian Penal Code, read with Section 149, Indian Penal Code and sentenced : them to one years rigorous imprisonment each. He found accused 1, 2 and 5 guilty under Section 326, Indian Penal Code and sentenced them to five years rigorous imprisonment each. He also found accused 6 and 8 guilty under Section 326, Indian Penal Code, read with Section 149, Indian Penal Code, and sentenced them to two years rigorous imprisonment each.

2. The prosecution story is that the deceased and P.W. 2 were returning to their village after they had been to Pollachi Shandy to buy a buffalo. They reached a certain rock at about 8-30 P.M., when the eight Accused suddenly attacked them. The deceased received such serious injuries that he fell down and was never able to get up again.

[After discussing the evidence His Lo



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