NANDA KISHORE MOHANTY Vs. STATE

JUDGEMENT

(1.) This is a petition, in revision, against the appellate judgment of the Sessions Judge of Cuttack-Dhenkanal, maintaining the conviction of the petitioner for various offences, and the sentence passed against him by Sri S. N. Rath. Sub- Divisional Magistrate of Talcher by his order dated 11-8-1956.

(2.) The petitioner is alleged to be one of the important labour leaders attached to the Labour Union of Villiers Colliery at Talcher. On 6-10-55 some trouble took place between the labourers of that colliery on the one hand and some of the loyal employees of that colliery on the other, in the course of which many persons were injured. Fit-teen persoas were placed on trial before the Sub- Divisional Magistrate of Talcher, including the petitioner who was said to be the principal culprit being the main instigator. The learned Magistrate framed a charge under Section 148, I. P. C, against all the accused persons. In the charge, the common object of the unlawful assembly was stated to be "to assault Braja Bandhu Das, M. L. Goel and others". Three of the labourers of the colliery were specifically charged under Section 455, I. P. C., for having committed house breaking inside the office room of the colliery. Eight labourers were specifically charged with having caused hurt, under Section 323, I. P. C., to some of the loyal employees. One of the labourers was charged under Section 152, I. P. C., for having assaulted a Police Constable in the discharge of his duties. All the accused persons, including the petitioner, were further charged under Sections 455/149, I. p. C., and similarly there was a charge under Section 323/149, and also another charge under Sections 152/149, I. P. C. against the petitioner and some of the labourers,

(3.) The trial Court passed a peculiar judgment. He held that four of the labourers, viz., Natha Mahanty, Bauri Mohanty, Anantha Mohanty, and Babaji Samal were guilty under Sections 148, 323 and 455, I. P. C., read with Section 149, I. P. C. He also held accused Purandar Behera guilty under Sections 148, 455 and 323, I. P. C., read with Section 149, I. P. C. Two other labourers, Palau Sahu and Dandia Jena were convicted under Sections 323 and 148 read with Section 149, I. P. C. Another accused, Sanatan, was convicted under Sections 323, 455 and 148, I. P. C., read with Section 149, I. P. C. Similarly, Dhuleswar Bastia was convicted under Section 148, I. P. C., read with Section 149, I. P. C., and Section 323 read with Section 149, I. P. C. Petitioner Nandakishore Mohanty was convicted under Sections 323, 455 and 152, I. P. C., read with Section 149, I. P. C. He was not convicted under Section 148, I. P. C., though he was one of the persons specifically charged with that offence.