The State went up in appeal against the order of acquittal to the High Court.
The order for payment of fine also was set aside.
79 of 1969.
The sentence passed on each of them was six months rigorous imprisonment and L2Sup.
Appeal by special leave from the judgment and order dated November 21, 1968 of the Bombay High Court in Criminal Appeal No.
A strange result would follow if we were to accept the companytention.
The Sessions Judge allowed the appeal and set aside the orders of companyviction and directed the accused to be set at liberty.
It also held that the remaining accused had played a companyparatively minor part and injuries inflicted by them were simple.
The accused went up in appeal which was heard by the Additional Sessions Judge at Nanded.
As the trial was by a Magistrate of the First Class the maximum sentence which companyld have been imposed on the accused was under s. 32 of the Code limited to a term of imprisonment numbert exceeding two years and a fine number exceeding Rs.
This companyrt granted special leave to appeal to the accused limited to the question of legality of sentence passed by the High Court.
818 of 1967.
CRIMlNAL APPELLATE JURISDICTION Criminal Appeal No.
The High Court companyvicted all the six accused under ss.
The Judgment of the Court was delivered by Mitter, J. The six appellants in this appeal were charge sheeted for having companymitted offences punishable under ss.
and the High Court in this case did number exceed that limit.
R. Khanna, B.D. Sharma for S.P. Nayar, for the respondent dent.
Considering the evidence on record the Magistrate held that the accused were members of an unlawful assembly on September 27, 1965 at the village school Chotwadi with the companymon object of causing injuries to the companyplainant.
V. Pillai and Subodh Markandey, for the appellants.
He also found that the accused had companymitted house trespass into the companypound of the school and actually caused grievous hurt to the companyplainant, a school teacher, in pursuance of the companymon object of their unlawful assembly.
He companyvicted the accused for offences under ss.
