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1919 Supreme(All) 38

WALLACH
Nirmal Singh – Appellant
Versus
Emperor – Respondent


JUDGMENT

Wallach, J. - A Magistrate of the first class convicted eleven persons under Sections 147 and 332, Indian Penal Code, for rioting and causing hurt to a public servant in discharging his duties, and sentenced them to varying terms of imprisonment and to fines. On appeal, the learned Sessions Judge of Shahjahanpur allowed the appeal of one Sukhdeo Singh but dismissed the appeal of the other ten appellants, upholding the sentences passed on them. These ten persons have filed revisions in this Court against their convictions and sentences and were released on bail by the learned Judge who admitted their applications. The facts of the case are somewhat singular. It appears that a burglary was committed on the night of the 30th September 1918 in the house of one Bhujai in the village of Kandar, in which, besides other property, a brass "thal" and a "lota" were lost. A report was made in the ordinary course and Sub Inspector Godhan Lal, second ,officer of the Police Station, Jalalabad, within whose circle the offence was committed, took up the investigation. He suspected one Harsahai Bhangi, and on the 5th October he first searched his house and finding nothing, he proceeded, on i

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