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1942 Supreme(Mad) 36

KING


JUDGMENT

King, J.

1. The five appellants were involved in a case of rioting and murder at a village in the Calicut Taluk on the night of 31st March last. All of them were convicted of rioting, two of them being convicted under Section 148, Indian Penal Code, because of their possession of lethal weapons, and the first and second appellants were convicted of two murders committed by them in the course of the occurrence. The remaining appellants were also convicted on two counts of constructive liability for these murders.

2. The story of the occurrence is comparatively simple. A festival extending over several days was being celebrated at the temple where the occurrence took place and on 30th March, these appellants created a disturbance by going to that part of the pandal reserved for the womenfolk. They insulted them and began to annoy them by throwing discarded beedi ends at them. Several of the uralars or temple managers including the two murdered men, went and ejected them. There was no further trouble that night but the following night about ten oclock the appellants arrived at the temple and began to repeat their performance of the night before. On that occasion the prosecution











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