J B RAI Vs. KHARGA SINGH NEWAR

JUDGEMENT

(1.) This is a Rule which was issued at the instance of the complainant J. B. Roy and is directed against an order of acquittal of the opposite parties of the charge under Section 147 of the Indian Penal Code by the Assistant Sessions Judge, Darjeeling. The opposite parties were originally convicted by Sri S. N. Choudhury, Magistrate. 2nd Class, Darjeeling, who sentenced each of them to suffer rigorous imprisonment for two months.

(2.) Five respondents along with another were on their trial before the Magistrate on the following allegations: J. B. Boy, the petitioner was the Manager of Gopaldhara Tea Estate. It is stated that he along with his Garden Babu B. B. Roy was returning on the morning of 6-9-1956 after completion of Roll Call. The opposite parties met them on the way and laid before them their charter of demands for redress of their grievances. The petitioner J. B. Roy could not at the moment accede to their demands, whereupon the opposite parties attacked him with lathis and assaulted him chasing him up to his bungalow. Both the petitioner and his Garden Babu B. B. Roy received injuries and were treated at the Victoria Hospital, Darjeeling. The Manager having informed the Police over the telephone they arrived when a letter of complaint Ex. 1 was made over to the police. Several Persons were arrested but ultimately the opposite parties and another Kanchi Kumar Gurungni were sent up for trial. After the trial Kanchi Kumar Gurungni was acquitted.

(3.) The common object of the unlawful assembly was said to be to compel the Manager J. B. Roy to do what he was not legally bound to do."