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1950 Supreme(All) 318

AGARWALA, KIDWAI
KALI PRASAD – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Sridhar Misra

AGARWALA, J.


( 1 ) THE appcts. were convicted by the Addl. Ses. J. , Bahraich, under Section 804 (2) read with section 149 and Section 147, Penal Code and sentenced to 5 years R. I. and one years R. I. respectively. Their appeal to this Ct. was dismissed by one of us and their conviction and sentences were upheld. They now pray that the case may be certified as a fit one for appeal to the Supreme court under Article 134 (1) (c) of the Constitution. The facts briefly are as follows :

( 2 ) THE occurrence giving rise to the prosecution of the applicants took place on 13-8-1949 at about 12 A. M. in village Kani-bojhi, police station Malhipur, district Bahraich. Sardar Karam singh, Taluqdar of the Jamunaha Estate, is the proprietor of village Kani-bojhi and held 35 bighas of Sir in this village. The Deputy Commissioner of Bahraich issued notices to various zamindars, including Sardar Karan Singh, to let out their parti lands to tenants within a fixed period and intimated that, if this was not done, panchas would be appointed to distribute the land. At about this time the tenants of the village took matters into their own hands and under the leader, ship of appct. l, Kali Prasad Misra, s

































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