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1953 Supreme(All) 47

DESAI
BEHARI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Jagdish Sahay

DESAI, J.


( 1 ) THIS is an application in revision by nine men against their conviction and sentences under sections 147, 148, 325 and 326 read with Section 149, I. P. C.

( 2 ) ON 29-4-1951 at about 5-30 p. m. when Dharmi and Makundi were returning home from a bazar, they were surrounded by the applicants, who were waiting for them, and struck with lathis and spears. Dharmi received 14 injuries and Makundi, 15. Three of Makundis injuries were caused with sharp-edged and sharp-pointed weapons and the rest were caused with blunt weapons. Among the rest was a contused wound in which there was a fracture of both the bones of the rest forearm. Dharmi also had injuries caused with sharp-edged and blunt weapons; three of his injuries were grievous, one of them was caused with a sharp-edged weapon. There is ample evidence to prove these facts. The courts below did not act improperly or illegally in accenting it and rejecting the defence. The applicants were rightly convicted under Sections 147 or 148, 325 and 326 read with Section 149, I. P. C. There is no truth in the complaint of the applicants counsel that the appellate court ignored the evidence of the defence witnesses who had given e





















































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