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1988 Supreme(SC) 632

G.L.OZA, K.JAGANNATHA SHETTY
Maiku – Appellant
Versus
State Of U. P. – Respondent


Advocates:
DALVIR BHANDARI, R.K.GARG, SHAKUT HUSSAIN

JUDGMENT

OZA, J.:— These appeals by special leave have been filed by the appellants against their conviction under Sections 147, Sec.325/149, See. 330/149 and Sec. 354/149 I.P.C. land sentenced to undergo various terms imprisonment between two to five years for these offences. Appellant Mullu has been further convicted under Sec. 342/149 I.P.C and sentenced to undergo two years R.I. The remaining five appellants have been convicted under Sec. 220/149 I.P.C. and each sentenced to undergo five years` R.I. Sarjoo Singh, appellant has been further convicted under Sec. 218/149 and sentenced to undergo three years R.I for that offence. All these sentences are to run concurrently.

2. The prosecution case was that sometime on the night between 12th and 13th March, 1967 a burglary is afleged to have been committed at the house of one Pitam in the village Adilpur under Police Station Kotwali Sitapur. A bicycle and other articles of total value of about Rs. 932/- were taken away by the burglars. About this theft Pitam lodged a report at the Police Station at about 5.30 p.m. on 13th March, 1967 and a case under See. 457 I.P.C. was registered against unknown persons. Sarjoo Singh, the present ap





















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