IN RE: GNANAMURTHI AND ORS. Vs. STATE

JUDGEMENT

(1.) THE three petitioners before this Court were tried along with 19 others before the learned Sub -Magistrate, Keeranur, for offences under Sections 147 and 225 read with 149, Indian Penal Code. 19 of the 22 were acquitted. The petitioners alone were convicted, under Sections 147 and 225, Indian Penal Code, and sentenced to rigorous imprisonment for three months under each count, the sentences to run concurrently. On appeal before the learned Sub -Divisional Magistrate, Pudukkottai, the conviction under Section 147, Indian Penal Code, against the petitioners was confirmed and the conviction under Section 225, Indian Penal Code, was set aside and the petitioners were sentenced to pay a fine of Rs. 200 each, in default to undergo rigorous imprisonment for two months.

(2.) IT is urged on behalf of the petitioner that three persons alone cannot form members of an unlawful assembly and as the prosecution case as well as the charge was that only 22 persons before the Court were members of an unlawful assembly and as 19 of them have been acquitted, it should be held that the 19 persons who were acquitted were not there, with the consequence that the three remaining persons cannot be held to be members of an unlawful assembly. On behalf of the petitioners reliance is placed upon the decision in Kartar Singh v. State of Punjab : [1962]2SCR395 , where it was observed as follows: