SHAMLAL Vs. EMPEROR

JUDGEMENT

(1.) THREE persons, Shamlal Lodhi Nilkanth Lodhi and Mantya Mahar hereinafter to be referred in this judgment as the first, second and third appel-lant respectively, have been convicted by Mr. V. A. Bambawale, Magistrate, First Class, Bhandara, having powers under Section 30, Criminal P.C., of an offence under Section 307, I.P.C., read with Section, 34, ibid and sentenced respectively to 7, 4 and 3 years rigorous imprisonment.

(2.) ALL the aforesaid convicts have preferred appeals against their convictions and these are registered in this Court as Criminal Appeals Nos. 85, 67 and 86 of 1929. This judgment will govern the disposal of all the three appeals.

(3.) THE shouts of the complainant for help were heard by his brother Jaitram (P.W. 2), who soon came to the hut, and lates on Jagannath (P.W. 3) and Kanhai (P.W. 4) also arrived on the scene. Jagannath then went to call Bapu (P.W. 11) from the neighbouring village, and on his arrival at the scene of the crime with other Mahars the complainant's wound was dressed up and he was removed to the village on a cot. It is the prosecution story that soon after the arrival of all the aforesaid witnesses at the hut the complainant Motia gave out the names of all the three appellants and the part each had taken in the commission of the crime.