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1932 Supreme(All) 173

NIAMATULLAH, PULLAN
Nazir – Appellant
Versus
Emperor – Respondent


JUDGMENT

Pullan, J. - Seven persens, Nazir, Jumma, Shera, Idu, Sukhan, Harbans and Pheru, have been convicted by the Sessions Judge of Muzaffarnagar of an offence u/s 396, I.P.C, and have been sentenced each to 8 years' R.I. The prisoners have submitted appeals from jail against their conviction, and an application has been made in revision on behalf of the Local Government requesting this Court to enhance the sentences passed upon these persons.

2. A dacoity of a ferocious nature took place on the night of 19th/20th October, 1930, at the house of Prabhu Lal Vaish in the village of Kaserwa.the dacoits, who are said to have numbered more than 30, were armed with guns, lathis and probably spears. Two men who interfered with them were shot dead, and another was beaten to death with lathis. The women were grossly ill-used, one or more were violated, and one was tortured. In my opinion a sentence of 8 years' R.I. in such a case is inadequate. No sentence less than transportation for life should be imposed upon any, of those persons who take part in a dacoity of this nature. It does not appear that the learned Sessions Judge had any doubt that the persons whom he convicted were guilty, and

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