BHABA BEHERA AND 16 ORS. Vs. THE STATE

JUDGEMENT

(1.) THE Petitioners have been convicted under Section 7(1)(b) of the Criminal Law Amendment Act, 1932 and sentenced to undergo S.I. for one month. They have also been convicted under Section 32 of the Police Act, but no separate sentence has been passed.

(2.) ORIGINALLY , there were 21 accused persons, but 4 of them being below 21 years of age were released under Section 4 of the Probation of Offenders Act, though they were found guilty under both the sections. The remaining 17 accused persons filed separate appeals before the Sessions Judge of Mayurbhanj, who by one common judgment disposed of an the appeals and maintained the convictions and sentence passed by the trial Court. The 17 accused persons have now filed the aforesaid 17 criminal revisions which also shall be disposed of by one common judgment as they involve common question of law and fact.

(3.) IT is the case of the prosecution that on 27 -8 -1964 the Petitioners who were members of the Communist Party of the District unit of Mayurbhanj violated the conditions by shouting slogans, encroaching upon the Court premises and creating disturbances in the Court premises. They did not obey the directions issued by the police officer prohibiting them not to do so, broke the police cordon and entered into the Collectorate compound. The Petitioners were arrested by the Circle Inspector of Police (p.w.1) and were prosecuted under Section 7(1)(b) of the Criminal Law Amendment Act, 1932 and under Section 32 of the Police Act.