TMI Blog1945 (7) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been concerned in a serious dacoity committed in July 1942, with the intention of screening him from legal punishment. From the judgments of the Courts below, it appears that the Sub-Inspector in charge of Nawanagar police-station, having received confidential information that Prithvi Ahir was concealing himself in village Barasar, proceeded to that village, and at about 2 A.M. he found Prithvi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it appears, belongs to Shahpur jurisdiction, but it can hardly be supposed from the place and circumstances in which he was arrested that the accused were unaware of his identity or antecedents. The evidence is that both the appellants were found sleeping along with Prithvi and Joga Kandu in the same marai. It is inconceivable that Prithvi would thus have been sheltered by the accused in their ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oners knew that Prithvi was a proclaimed absconder. But even if they did, it does not follow that they knew that he had in fact committed an offence of dacoity. The point which arises in this case arose in another case in this Court, which related to the conviction of one Jang Bahadur; and Meredith J. dealt with it in this way: There is another aspect of the case which has been lost sight of by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o hold up this case under Section 212 until the conclusion of Jang Bahadur's trial, when it might have proceeded in the event of his conviction, but obviously not otherwise. 5. I am clearly of the opinion that this conviction cannot be supported, and I would, therefore, allow this application and set aside the conviction and sentence of the petitioners. Bira Kishore Ray, J. I agree. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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