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1956 Supreme(All) 335

CHOWDHRY, MUKERJI
Guchun Misir – Appellant
Versus
State – Respondent


Advocates appeared:
Sarvsri S.N. Misra, S.N. Mulla, Nos. 1 and 2, C.S. Saran and K.S. Shukla, For the Appellant / G.A. and A. Banerji, For the Respondent

JUDGMENT

Chowdhry, J. - These are two appeals from judgment and order of the learned Sessions Judge of Gorakhpur, dated 20-11-1955. One, which is appeal No. 1804 of 1955, is by the 14 men Guchun Misir, Shivraj Misir, Ram Avadh; Palakdhari, Ram Nawal, Bire alias Birbal, Deoki, Jiau, Jattan, Bishwanath son of Ram Baran Referred to hereinafter as Bishwanath I), Prahlad, Mahatam, Murti and Brijbhushan, and the other, which is appeal No. 1805 of 1955, by the two men Bishwanath son of Sitararn (referred to hereinafter as Bishwanath II) and Narbadeshwar.

2. Guchun and Shivraj have been convicted u/s 302, IPC and sentenced to death while the remaining; 14 have been convicted u/s 302, read with Section 149, IPC, and each of them has been sentenced to imprisonment for life. All the 16 Appellants have been further convicted under Sections. 435, 324 and 323, read with Section 149 IPC. and under Sections. 148 and 379, IPC, and each of them has been sentenced on these accounts to rigorous imprisonment for 2 years 1 years, 6 months, 2 years and 1 year respectively. Ten others tried along with the Appellants were acquitted. The record is also before us for confirmation of the sentences of death.

3. T

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