STATE GOVERNMENT Vs. INDARSINGH LABHSINGH

JUDGEMENT

(1.) THIS is an appeal against the acquittal of the accused respondent Indarsingh of what was alleged by the prosecution to be an offence under Section 153 of the indian Penal Code.

(2.) THE facts found by the Courts below which we see no reason to doubt, are as follows: There was a flag hoisting ceremony at the Ordnance Factory, Khamaria, on 15-8-1955 when Shri Keshwani, Superintendent, Ordnance Factory, Khamaria, hoisted the National Flag. Indarsingh was present at the said ceremony. There was also a gathering of about 250-300 persons to witness the ceremony. After the ceremony was over and the gathering was about to disperse, the accused respondent came and unfastened the string of the National Flag. The flag came down and the accused-respondent started trampling over it. Deolalikar (P. W. 1)saw this. He immediately went over to the place and rehoisted the flag. He then asked the accused-respondent why he had brought the flag down. The accused-respondent replied that he had already burnt the National Flag some days before and that he had deliberately brought the National Flag down. The accused-respondent also told Subedar Khori (P. W. 4) when he had caught hold of him that he had burnt the National Flag two months back and. why was he hoisting it again, a large crowd enraged because of this insult to the National Flag had gathered round the accused and but for the promptness of Deolalikar (P-W. I) in handing over the accused-respondent to Subedai Khori (P. W. 4) and later to Station officer, Khamaria, Sonakia (P. W. 3), a serious riot may have occurred and the accused-respondent badly manhandled.

(3.) THE accused-respondent was prosecuted under Sections 153, 504 and 506, I. P. C. He was convicted under Sections 153 and 504, I. P. C. by the trial Court, but the learned Additional Sessions Judge acquitted him of the offence under Section 153, I. P, C. The State Government has filed this appeal againt the acquittal of the accused under Section 153, I. P. C.