BABULAL TENDWA Vs. STATE

JUDGEMENT

(1.) THIS is an application under Article 134 of the Constitution praying for a certificate "that the case is a fit one for appeal to the Supreme Court. "

(2.) THE material facts are as follows: On the 20th August 1950, there was riot in one of the local cloth Mills in Indore. As a result of certain incidents which followed this riot one Deputy Superintendent of Police, Joshi and a Police Constable Kesrisaran lost their lives and several other Police men sustained injuries. Three cases were started by the Police in connection with this riot and the incidents which followed:

(3.) 14 persons were sent up for trial in connection with the case relating to the incident which resulted in the loss of life of Deputy Superintendent of Police Joshi. Of these 5 were convicted by the Sessions Judge, Indore and the rest acquitted. 2 of these 5 namely Babulal Tendwa and Madanlal were convicted under Section 302/149, I. P. C. , and also under Section 148, I. P. C. Each of them was sentenced to death for the first mentioned offence and to three years' rigorous imprisonment under Section 148, I. P. C. The remaining three were acquitted of offences under Section 302/149, I. P. C. and 148, I. P. C. , but were convicted under Section 326/149, I. P. C. , and sentenced to ten years' rigorous imprisonment each.