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1967 Supreme(All) 203

RAJESHWARI PRASAD
Dharam Singh – Appellant
Versus
State If Uttar Pradesh – Respondent


ORDER

Rajeshwari Prasad, J. - The Petitioners who have filed the present revision petition were alleged to have committed theft of chari crop of the informant Chohal Singh in the morning of 17-9-1964. When he reached his field, the Petitioners abused him and fled away. Thereafter Chohal Singh carried the chari crop in a bogey (a buffalo cart) to his house. When the bogey was standing near his house, the Petitioners, with others, reached the place and committed riot and criminal trespass into Chohal Singh's house. After investigation, the accused persons were charge-sheeted. Before the charge was framed, the Assistant Public Prosecutor incharge of the case on behalf of the State gave a statement that the case may proceed for charges Under Sections 147, 323 and 452 IPC only and that the charge of theft was given up in that case on account of legal impediments of multifariousness of charges prejudicial to the accused. After this statement was given, the case proceeded for charges other than the charge of theft and the Petitioners were convicted in that case. Thereafter, the police sent the present Petitioners only for trial u/s 379 IPC. The Petitioners raised the objection that there c

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