SATYAKUMAR KUNDU Vs. STATE

JUDGEMENT

(1.) THE positioners have been convicted under Section 7 (1) (b) of the Criminal Law amendment Act. 1932 (XXIII of 1932) and each sentenced to pay a fine of Rs. 100/- in default to undergo R. I. for two months.

(2.) THE petitioners are said to be members of Sanjucta Socialist Party. The party gave a mandate to observe Hartal on 25-9-64 throughout India as a protest against the rising prices The prosecution case is that on that day the petitioners approached P. W. 1 Dinabandhu Ghosh and requested him to close his grocery shop at Bahalada Bazar P. W. 1 having refused to do so the petitioner Satyakumar dragged out from his shop some tin pots containing some grocery articles. When p. W. 1 got up from his sitting place inside the shop, both the petitioners pushed him inside and forcibly shut the shop door. P. W. 1 sent for Police An A. S. I. and a constable arrived at the spot and arrested the petitioners. Then a prosecution report was submitted against the petitioners under Section 7 (1) (b) of the Criminal law Amendment Act. 1932 (hereinafter mentioned as the 'act') by the Officer-incharge. Basta Police Station, within whose jurisdiction the occurrence took place.

(3.) AT the trial the plea of the accused was one of a complete denial of the occurrence. They, however, examined no witness in support of their case.