SURENDRA KUMAR LATH Vs. STATE

JUDGEMENT

(1.) THE petitioner stands convicted for the offences under Rules 43 (5) and 46 (5) of the Defence and Internal Security of India Rules, 1971 (hereinafter referred to as the 'Rules') and has been sentenced to R.I. for six months on each count. He also stands convicted under Section 143, I.P.C. and has been sentenced thereunder to undergo R.I. for two months. The sentences have been ordered to run concurrently.

(2.) THE prosecution case against the petitioner, in short, is that the petitioner, along with four other persons, who were tried together in the same trial, were members of a banned organisation, and they on 18.12.1975 at about 5.30 P.M. came out in a procession in the Sambalpur town shouting objectionable and prejudicial slogans and were holding two placards (M. Os. I and II) containing prejudicial reports. While they were so moving in a procession, the petitioner and the other four persons with him were apprehended near the Gol Bazar Crossing, and the placards held by them were seized from their possession as per Ext.1. On the aforesaid allegations the petitioner and his four co -accused were with Rule 60 (4) Rules 43 (5) and 46 (5) of the Rules and under Section 143, I.P.C. read with Section 34 of the Police Act.

(3.) THE trial court, however, acquitted all the accused persons of the charges under Rule 69 (4) of the Rules and under Section 34 of the Police Act, and convicted them under sub - (5) of Rules 33, 43 and 46 of the Rules and under Section 143, I. P. C.