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1982 Supreme(All) 312

P.N.BAKSHI
Sachchidanand Pathak – Appellant
Versus
State – Respondent


Advocates Appeared:
N. P. Middha, P. C. Chaturvedi, P. K. Tiwari

JUDGMENT

P. N. Bakshi, J.

1. THESE are two connected revisions. Criminal Revision No. 1635/1980 has been filed by Sachchidanand Pathak and 8 others. Out of these revisionists, Behari Thakur son of Bhuneshwar Thakur has since died. His revision abates. The other connected revision is Criminal Revision No. 1906 of 1980 filed by Arun Kumar. Both these revisions arise out of a conviction recorded by the trial court for offences under sections 147, 148, and 307/149 IPC and sentences of varying terms of imprisonment imposed there under. In appeal, the Sessios Judge, Allahabad has set aside the conviction of these accused-applicants for the offences under Secs.307/149 IPC, instead they have been convicted under Sec. 325/149 IPC and sentenced to 2 years' R. I., there under. The conviction of Sri Prakash Singh for the offence under Sec. 148 and the sentence of six month's R. I. imposed by the trial court has been maintained by the court of appeal. The conviction of the rest of the applicants under Sec. 147 IPC and a similar sentence of six months' R.I. has also been maintained by the lower appellate court. In these circumstances, both these revisions have been filed.

2. I have heard learned co















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