PRADIP CHOWDHURY Vs. THE STATE

JUDGEMENT

(1.) THIS is a revision against the order of the Sessions Judge, Cachar, dated 18 -6 -1958 by which he affirmed the conviction and sentence passed against the applicant Under Section 188, Indian Penal Code. The Magistrate convicted the applicant Under Section 188, Indian Penal Code and sentenced him to undergo simple imprisonment for al day and to pay a fine of Rs. 10/ -, in default, to a further simple imprisonment for 5 days. In view of the fact that the accused is a young man bo4 longing to a respectable family, the Magistrate treated him leniently and awarded simple imprisonment.

(2.) THE charge against the applicant is that on 18 -8 -1956 duo to the impending visit of the Chief Minister, Assam, to the town of Karimganj apprehending breach of the peace in the town, the Sub -Divisional Officer, Karimganj promulgated an order Under Section 144, Criminal Procedure Code prohibiting any meeting, procession, demonstration or obstruction to or of traffic or assembly of five or more persons within the limits of the Karimganj Town or within five miles of such limit for a period of 15 days with effect from 18 -8 -56. On that day the accused was found along with 7 or 8 others coming in a procession wearing black badges on that chest pockets.

(3.) THE only eyewitness to the occurrence is P.W. 3 Hirendra Paul the Sub -Inspector of Police, lie stated that on 18 -8 -1956 he was attached to the Silchar Police Station and he was deputed by the Officer -in -charge to Karimganj on duty. On that day an order Under Section 144, Cr. P.C. had: been promulgated by which the assembly of five or more persons and, demonstrations were prohibited. Ho states that he was deputed to see that the order Under Section 144, Cr. P.C. was not violated and to maintain peace. At about 1 P.M. when he was coming from a bridge towards west on roof, near a medical pharmacy he saw seven or eight persons in a batch on the main road wearing black badges on the chest pockets of that shirts.