HARINARAIN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the conviction of the appellants under Section 21, Bhopal Public Safety Act, and Sections 147, 332 and 333, Penal Code read with Section 149 of the Code, by the Addl. Sessions Judge, Bhopal, sentencing them to various terms of imprisonment, all of which are to run concurrently. One Pannalal, who has also been similarly convicted and sentenced, has filed a separate appeal No. 45 of 1951, and this judgment will decide his case also.

(2.) THE facts of the prosecution story are that the District Magistrate, Bhopal, had banned the holding of meetings and taking out of processions under Section 15, Bhopal Public Safety Act, and yet in contravention of the order passed by the District Magistrate, the three accused, along with others, took out a procession on 21. 12. 1948, and were about to hold a meeting. While they were prevented from taking out the procession from the railway station to the city, they stopped at the level crossing. As they used force and did not listen to the order of the District Magistrate, force was used by the Police, specially as the processionists had assaulted the Police officials who were preventing them to pass. In the scuffle that followed, many Police officials were injured, one of them having received a grievous hurt. The processionists became an unlawful assembly and in prosecution of their common object of releasing their leader, Tiwari, they used force and caused injuries to the officials concerned.

(3.) ORIGINALLY 36 accused were put up in the enquiry proceedings but only 27 of them were committed to the Court of Session, Six out of these 27 absconded and one died during the trial. Thus ultimately only 20 accused were before the Court of Session, out of which 17 were acquitted and only three of them were convicted as pointed out above.