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1970 (3) TMI 171

..... d 5 December, 1966 dismissing in limine the appeal preferred against the judgment and order dated 16 August, 1966 passed by the Sessions Judge, Sholapur. The High Court by an order dated 3 April, 1967 also refused leave to appeal to this Court. 2. The appellant was accused No. 1. He was convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life. 3. Broadly stated, the charge against the appellant was that he in conspiracy with his brother, accused No. 2 committed murder of Revansidhappa Shivappa Patil and Mahadeo Sidran Patil. The defence of both the appellant and his brother was one of total denial. 4. The right to prefer an appeal from sentence of Court of Sessions is conferred by Sect .....

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..... ground in preferring an appeal from the judgment of the Sessions Court that a gross illegality was committed in relying upon the evidence given by a co-accused in a dacoity case and using the answers given by him as a co-accused against the accused appellant would be a substantial question. Again it was noticed that denial of an opportunity to an appellant in a dacoity case of being heard as required under Section 479A of the Criminal Procedure Code would be an arguable point. 9. In an unreported decision of this Court in Bhanwar Singh v. State of Rajasthan (Criminal Appeal No. 38 of 1969 decided on 17 September, 1969.), it was held that failure to consider the position in which the appellant was placed when his immediate superior admitted .....

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..... the residence of accused No. 2. Reliance was placed by the trial court on the confession of the appellant which had been retracted as corroborative evidence of the accomplice witnesses. In preferring appeal to the High Court the grounds urged were that there were serious infirmities in the evidence and the manner in which the keys were recovered was open to objection. The High Court dismissed the appeal in limine this Court remitted the matter back to the High Court for disposal of the appeal in accordance with law by expressing the view that these were arguable points. In the same case it was said that it would be open to the appellant to canvass before the High Court in appeal every point even on a question of fact in his favour to demol .....

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