K VENKATARATNAM Vs. STATE

JUDGEMENT

(1.) The petitioners in this case have been convicted under Section 7(2) of Act I of 1947 and sentenced to three months rigorous imprisonment.

(2.) The offence consists in their being members of the Communist Volunteer Corps and disobeying the provisions of G.O. No. 275 Public, dated 6th February, 1948. Under the provisions of the said G.O., the members of the Communist Volunteer Corps were prohibited from holding processions, meetings or assemblies or from performing drills or parades, with or without arms. It is only when the members of the Communist Volunteer Corps perform such drills they could be said to have committed an offence under Section 7(2) of Act I of 1947 as it is a violation of the G.O. passed on 6th February, 1948.

(3.) The proof that these petitioners are members of the Communist Volunteer Organisation consists in the testimony of P. Ws. 1 to 3 and 5. It is clear from the evidence of P.W. 5 that his version regarding the identification cannot be acted upon. According to the evidence of P.Ws. 1 to 3 they were examined on 3rd September, 1948 and 18th September, 1948, the offence having been committed on 30th August, 1948 and 31st August, 1948. In their examination on 3rd September, 1948, none of these three witnesses ever told the police officer that these petitioners were members of the Communist Volunteer Organisation, This implication that they were members of the Communist Volunteer Organisation emerged only in their examination on 18th September, 1948. The evidence, therefore, that these petitioners were members of the above organisation is a belated one and cannot be acted upon. There is no other evidence that these petitioners were members of the forbidden organisation. One of the ingredients of the offence has not been made out and the conviction cannot therefore stand. The petitioners are acquitted.