ABDUL GANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) :

(2.) THESE two appeals under Art. 134 of the constitution have been preferred against the judgment of the High court of Judicature at Nagpur, dated 5/2/1951, setting aside the acquittal of the appellants on charges of rioting and murder, and convicting them for the same.

(3.) THE Jury returned a verdict of not guilty regarding accused sheshrao patode of the charge under s. 320, Indian Penal Code and also of the charge under (k. 326/109 against accused Shankar Mahar, Govinda Gaikwad, Gondu Mussalman, Sampat Gawari and Gulab Lande. A unanimous verdict of not guilty was also given by the jury regarding accused, Walayut, Pundalik Chore, Shamrao Wankhede, Maroti Gawande, Ramarao Wankhede, Dinya, Gond, Puniya Gond, Bhurya Gond, Sheshrao Patode, Bhimrao Gawande and Govinda Gaikwad on the charges under S. 395, Indian Penal Code THEse charges were in respect of the cutting of the nose of Jilani and of breaking open the box of Hafiz Ali and removing from it currency notes of the value of Rs. 600.00 and other papers. THE learned Sessions judge accepted the verdict of the jury and acquitted all the accused persons in respect of these charges.