SRIHARI ROUT AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE sixteen Petitioners along with some others were convicted under Section 147 of the Indian Penal Code by the learned Additional District Magistrate, Judicial, Balasore, and sentenced to 6 months rigorous imprisonment. The learned Sessions Judge, upon appeal, acquitted some of the accused persons but so far as the Petitioners are concerned, upheld the conviction and affirmed the sentence.

(2.) THE prosecution alleged that on 23 -5 -1968, the local unit of the Communist Party of India (Marxist) organised a demonstration in front of the office of the Tahasildar at Jaleswar in the District of Balesore. That there would be a mass demonstration was known from before and the Tahasildar had requisitioned the assistance of a contingent of the A.P.R. Force. The Superintendent of Police of Balasore had alerted the neighbouring police stations. In May, the Tahasildar's office was being held in the morning. By about 10 A.M. about 2,000 persons arrived at the Tahasil office, demanded the with drawal of the police force form the office area, shouted slogans, demanded food and wanted to present a charter of demands to the Tahasildar. Admittedly there was general failure of the crop in 1967 -1968 in the area owing to flood and the people of the region were hard hit. After the police were shifted to some distance, some of the demonstrators came up to the office and confined the Tahasildar and his staff within the office premises. This position continued till about 1.30 P.M. The demonstrators pressurised the Tahasildar; to call the Collector to the spot. At about 1.30 P.M. the Superintendent of Police came there and was held in confinement for about half an hour. For this part of the occurrence, a separate criminal case was instituted against the leaders of the demonstrating crowd and against their conviction a criminal revision was filed in this Court which has been recently disposed of.

(3.) THE defence stand was that they had come to ventilate their grievances by peaceful demonstration. There was absolutely no occasion for resorting to lathi charge or firing. They contend that no offence was committed by them.