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1978 Supreme(All) 131

P.N.HARKAULI
Gauri – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
S.K. Verma

JUDGMENT

P.N. Harkauli, J.

1. GAURI, applicant, was convicted by the learned Addl. District Magistrate (Judicial) under Sections 457 and 224 IPC, and was sentenced to nine months rigorous imprisonment and a fine of Rs. 50/- on the former charge and to six months rigorous imprisonment and fine of Rs. 50/- on the latter charge. Bachcha Lal, applicant, was convicted under Section 457 and 225 IPC and was sentenced to nine months rigorous imprisonment and fine of Rs. 50/- on the first charge and six months rigorous imprisonment and a fine of Rs. 50/- on the latter charge. The substantive sentences of both the applicants under the charges were ordered to run concurrently. Both these applicants preferred an appeal but the learned Sessions Judge dismissed their appeal. Hence this revision.

2. THE learned counsel for the applicants contended that there was no evidence in this case to show that the applicants had taken any active steps to conceal their presence and, therefore, the offence could not amount to one of lurking house trespass. In support of this contention, reliance was placed on a decision of this court in Chhadami v. Emperor, AIR 1940 Alld. 259. I have gone through the evidence




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