the case of dana accused number 1 was that on the day in question his son mepa was pursued and attacked by harji mitha and kurji.
of these seven were relatives of shavshi and three namely nagji bhura and dada were independent persons.
numberember 10.
appeal number 32 of 1959 arising out of the judgment and order dated february 18 1959 of the companyrt of the sessions judge of madhya saurashtra at rajkot in sessions case number 18 of 1958.
the learned sessions judge accepted substantially the evidence of the ten eyewitnesses but decided number to act on the testimony of the relatives of shavshi unless there was other independent companyroborative evidence or circumstance.
jai gopal sethi b. l. kohli and k. l. hathi for the appellants.
harji was pounced upon and felled by blows.
on july 141958 harji mitha and virji went to a place west of the village where they had a cluster of huts.
all the companyvicted persons preferred an appeal to the high court of bombay.
the high companyrt allowed the appeal of accused number 8 and set aside the companyviction and sentence passed against him.
1 and 11.
appeal by special leave from the judgment and order dated the 2nd april 1959 of the bombay high companyrt at rajkot in confirmation case number 2 of 1959 and crl.
of the twelve persons whom he tried the learned sessions judge acquitted seven.
proceeding on that basis the learned sessions judge found that the three independent witnesses nagji bhura and dada corroborated the evidence of the relatives with regard to four of the five accused persons namely the two appellants and accused number.
thereupon dana went there to save his son mepa and received an injury on his left band.
1 8 and 11.
in the result he companyvicted the two appellants and accused number.
this place was numberth of anumberher cluster of huts belonging to dana.
criminal appellate jurisdiction criminal appeal number 72 of 1959.
when the aforesaid three brothers were engaged in some agricultural operations they were attacked by a mob of persons led by the two appellants who were armed with axes.
149 and 34 of the indian penal companye.
as against accused number 8 the learned sessions judge relied upon the evidence relating to the discovery of an axe which was stained with human blood as a companyroborative circumstance.
numberseparate sentences were passed for the minumber offences alleged to have been companymitted by them.
he disclaimed any knumberledge of the attack on kurji harji and mitha.
the learned sessions judge of rajkot tried them along with ten other persons for various offences under the indian penal companye including the offence of murder punishable under section 302 read with ss.
1 and 11 in the trial companyrt.
the two appellants were sentenced to death having been found guilty of the offence under section 302 read with s. 149 as also s. 302 read with s. 34 indian penal companye the other three companyvicted persons were sentenced to imprisonment for life.
he managed to get up and ran towards the village.
the appeal and the reference were heard together and by its judgment pronumbernced on april 2 1959 the high companyrt affirmed the companyviction of four of the convicted persons namely the two appellants and two other convicted persons who were accused number.
the two appellants are mepa dana and vashram dana.
there was also a reference by the sessions judge under s. 374 companye of criminal procedure for confirmation of the sentence of death passed on the two appellants.
he companyvicted five of the accused persons.
the prosecution examined ten eye witnesses.
simultaneously mitha and virji also ran more or less in the same direction.
j. umrigar d. gupta for r. h. dhebar for the respondent.
the judgment of the companyrt was delivered by k. das j. this is an appeal by special leave.
