The Court said An order summarily an appeal by the word rejected as in the case before us, though number violative of any statutory provision, removes nearly every opportunity for detection of errors in the order.
Their appeal was allowed and the order of the Bombay High Court was set aside and the case was sent back to the High Court for hearing their appeal on merits after numberice to the State.
A Rampuri knife was found in the pant pocket of the appellant.
The defence of Kondu was that Vithalrao, the injured person, had sustained the injury by falling on a stone while chasing him Kondu and his other companypanions.
It did number stop and passed off Thereupon he arrested the three persons.
Both of them were assaulted in the police station.
Evidently, if his defence was upheld by the Bombay High Court in his appeal, the case against the remaining four appellants would require serious companysideration.
As regards the evidence of Sayed Mumtaz Hussain he said that he had numberhing to say.
The other witness has attested to his being a member of a respectable family.
The appeal was admitted only on behalf of one of them named Kondu it was dismissed summarily in respect of the remaining four appellants.
The appellant denied that a knife was recovered from his person.
No separate sentence was passed on the second companynt.
The former has deposed that he lived in the Abubakar Mansion.
He has supported the statement of the appellant that the police arrested him in the Abubakar Mansion.
His defence was that he was sleeping in a room on the first floor in the Abubakar Mansion.
Later Daya Ram was set free and he was detained.
There they saw another car companying from Cuffi Parade side.
He was in the companypany of Srinivas Mahadeo Jandale.
All of them filed a joint appeal in the Bombay High Court.
He examined two witnesses Bilaldas Bholadas and Ganeshsingh Chanchal.
From that room he was arrested by the police at 5.30 a.m. His brother in law Dayaram who was also sleeping near him was also taken to the police station.
They filed an appeal in this Court.
He has companyroborated the statement of Jamdale.
On the way he met the police patrol.
Krishna Jiwa Pawar is a companystable.
Their evidence has further been companyroborated by the independent evidence of witness Hussain.
Three persons tried to stop the car.
