SUREN BANERJEE Vs. STATE

JUDGEMENT

(1.) This is a revisional application under Section 439, Code of Criminal Procedure against an order passed by Sri R.K. Sarma, Additional Sessions Judge, Birbhum dismissing the petitioner's appeal against an order of Magistrate, Suri, Birbhum convicting petitioner for an offence under Rule 41 of the Defence of India Rules and sentencing him to suffer rigorous imprisonment for two years.

(2.) The prosecution case is that on 15th November, 1962 at Rajnagar Hat the petitioner delivered a public speech saying, inter alia "that there was no war between China and India; China was within its own territory; Government's appeal for gift of gold and other valuables is part of its business the people should not contribute money or gold."

(3.) The speech was heard by persons who attended the hat and the petitioner was therefore prosecuted for prejudicial activities as enumerated in clauses (e) and (n) of Rule 35(6) of the Defence of India Rules.