GANGADHAR Vs. STATE

JUDGEMENT

(1.) THE Appellants were convicted by the Additional District Magistrate Gwalior of the offence under Section 124 -A of the Penal Code, Gangadhar was sentenced to pay a fine of Rs. 200 or instead to suffer simple imprisonment for 3 months and the other two Appellants to a pay a fine of Rs. 100 each or to suffer simple imprisonment for one month. They were also tried under Section 505 I. P. C. but were acquitted. The state has not preferred an appeal against the order of acquittal.

(2.) WHEN this came before me sitting singly, Shri Inamdar challenged the vires of Section 124 A. The question was referred to a larger Bench which has now held that the provision of Section 124 -A are protected by Article 19 (5) of the Constitution.

(3.) IN order to sustain a conviction under Section 124 A, it must be proved: