STATE OF KERALA Vs. ANTONY DCRUZ

JUDGEMENT

(1.) These four appeals by the State arise out of the judgment of the Second Additional Sessions Judge of Trivandrum in Criminal Appeal 80, 87, 88 and 89 of 1963 acquitting the respondents accused who were found guilty and convicted under R.41(5) of the Defence of India Rules read with R.35(6)(i) and (o) and dealing with them under S.4(1) of the Probation of Offenders Act. Accused 2 & 4 did not file any appeal. It is against the other accused who were acquitted by the Sessions Judge that the State has filed these different appeals. These appeals were argued together and could conveniently be disposed of by a common judgment.

(2.) The facts that led up to the prosecution may be briefly stated as follows:

(3.) Transport of rice bags after discharge from the ship was being done in small boats called lighters employed by the agent society. The vessel S.S. Maharani reached Trivandrum Port at Valiathura on 1-5-1963 with a large quantity of rice. The clearance commenced the same day by the labourers attached to the two unions and went on from day to day. The last consignment of 318 bags of rice discharged from the ship on 7-5-1963 were loaded in 13 boats belonging to the members of the rival union for being unloaded at the pier head for being transported to the Government godowns. Instead of doing so, they kept the boats in the open sea at the instigation of accused 1 and others. Both the principal society and the agent society demanded that the cargo be delivered at the pier but the workmen refused to accede to the request.