C.H. BALAMOHAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE revision is directed against the judgment of the Additional Assistant Sessions Judge, Pondicherry finding the revision Petitioners -accused 1 to 10 guilty under Section 143 of the Indian Penal Code, convicting them thereunder and sentencing them to suffer simple imprisonment for one month and to pay a fine of Rs. 50 each in default to suffer simple imprisonment for ten days, finding the fifth revision Petitioner -accused guilty under Section 333, Indian Penal Code convicting him thereunder and sentencing him to suffer simple imprisonment for one month and to pay a fine of Rs. 100 in default to suffer simple imprisonment for ten days and finding the revision Petitioners -accused 1 to 4 and 6 to 10 guilty under Section 333 read with Section 149. Indian Penal Code, convicting them thereunder and sentencing them to suffer simple imprisonment for one month each and to pay a fine Rs. 100 each in default to undergo simple imprisonment for ten days each, the substantive sentences to run concurrently.

(2.) THE brief facts of the case are these: In the Union Territory of Pondicherry the opposition parties like the Communist Party of India, Communist Party (Marxist), Janatha and others proposed to observe a general industrial strike and bandh on 19th January, 1982. The Congress (I) which was a partner in the then coalition Government and its affiliated unions decided to defeat the strike and the bandh. Pamphlets and counter -pamphlets were issued by the respective parties.

(3.) SEVERAL of the accused were injured and they were sent by P.W. 25 to the Jipmer Hospital, Pondicherry. On the next day, they were sent for remand. P.W. 16, who claims to have sustained an injury on his left hand as a result of the fifth accused pushing him against the police van, went to the Government General Hospital, Pondicherry for treatment on his own accord on 19th January. 1982 and was treated there by P.W. 23, Dr. S. Chandrasekaran. Ex. P71 is the entry in the register. On 21st January, 1982 there was swelling and pain in his finger and was, therefore, sent by the investigating officer to the Government Hospital, Pondicherry for treatment. P.W. 21, the Assistant Surgeon treated P.W. 16. He suspected a fracture and sent him to a radiologist and after examining the skiagram, be found that there was a fracture in the second metacarpal bone of the left hand and issued Ex. P67 certificate in which he opined that the injury was grievous.