BABU RAM SHARMA AND ANOTHER Vs. STATE

JUDGEMENT

(1.) : Babu Ram and Sukhdeo Prasad, the applicants in this criminal revision, were convicted by a first class Magistrate of Bareilly for an offence under Sec. 5 of the Essential Services Maintenance Ordinance, 1960 and were sentenced to nine months' Rule 1 and a fine of Rs. 500.00 each. In appeal the Second Additional Sessions Judge of Bareilly maintained the conviction but reduced the sentence to three month's Rule 1, and a fine of Rs. 100.00 each.

(2.) The prosecution allegations are as follows : By a notification published in the Gazette Extraordinary of July 8, 1960, the Central Government, acting under the powers conferred by Sec. 3 of the Essential Services Maintenance Ordinance, 1960, prohibited strikes in various essential services, including "any railway service", and as a result, any person who instigated or incited others to take part in this kind of strike became liable to punishment under Sec. .5 of the Ordinance. On 14.7.1960 the accused-applicants, who were employed by the N. E. Railway as gangman and pointsman respectively, instigated their fellow employees to strike by making speeches and shouting slogans on the platform at Bareilly City station at a place in front of the tea stall, not far from the waiting room. A crowd which included several railway employees collected on the spot. The accused shouted: "Rel ka chakka nahin chalega; hartal hamara nara hai", whereupon they were arrested by Head Constable Jiwan Lal (P. W. 1) and taken off to the police station.

(3.) The accused-applicants deny the prosecution allegations in toto and have produced negative evidence in defence; but the courts below, relying on the testimony of the prosecution witnesses (in particular Jiwan Lal and Banne, P. Ws. 1 and 3) have found the prosecution allegations to be fully substantiated and have convicted the accused accordingly.