HARIHAR DAS Vs. STATE

JUDGEMENT

(1.) .Each of the petitioners has been convicted under Sections 143 and 447 Indian Penal Code, and Section 7 (1) (b) of the Criminal Law Amendment Act of 1932 and sentenced to under - go simple imprisonment for one month on each count. The sentences to run concurrently. They have also been convicted under Section 32 of the Police Act, but no separate sentence has been awarded.

(2.) THE petitioners are said to be the members of the Communist Party at Baripada in the district of Mayurbhanj. A Notification under Section 30 (2) of the Police Act, (hereinafter stated as the Act) was promulgated and was in force in the town of Baripada for a period of three months from 15th August to 15th November 1964. As required under the said notification, a person desiring to take out a procession shall have to obtain a licence from the appropriate authority. It is the case of the prosecution that Ram Chandra Das, a member of the Communist Party at Baripada, made an application and obtained a licence Ex. 9 for taking out a procession on the date of occurrence. Certain conditions were imposed in the said licence. The main restrictions were that no slogans would be shouted nor the mike used near the Collectorate and that the Court premises shall not be encroached upon nor should the procession create any disturbance in the Court area and it will not stop anywhere on the road.

(3.) THE plea of the petitioners was that they wanted to put forth their grievances before the Collector against the soaring rise of prices. They admitted to have gone in a procession and given slogans. They denied to have been stopped by the Police Officer. They did not, however, examine any defence witness not even cross -examine the prosecution witnesses.