INDER SINGH Vs. STATE

JUDGEMENT

(1.) Ch. Inder Singh and 29 others were prosecuted under Ss. 147, 186 and 353/149, Indian Penal Code, in the trial Court. They were found guilty and sentenced to different terms of imprisonment. On appeal to the Additional Sessions Judge, he set aside the convictions under Ss. 186, 353/149 and also under S. 147, Indian Penal Code, and convicted them accordingly, sentencing each of them to imprisonment for two months and a fine of Rs. 50/- and in default of payment of fine to undergo imprisonment for fifteen days. In case of Ch. Inder Singh, the sentences of imprisonment were simple but in the case of others, they were rigorous. They have come up in revision against their convictions and sentences.

(2.) It was argued on their behalf that as conviction under S. 186, Indian Penal Code, had been set aside they could not be convicted in law under S. 143, Indian Penal Code, which, according to the counsel, was a lesser offence. The Additional Sessions Judge had set aside their conviction under S. 186, Indian Penal Code, on the ground that the provisions of S. 195, Criminal Procedure Code had not been complied with in this case.

(3.) The prosecution case is that petitioner Ch. Inder singh, who is a member of the Legislative Assembly, formed an unlawful assembly along with his coaccused and entered the Court room of Shri Badal Singh, Tehsildar, Narwana, at about 1-30 p.m. on 16-2-1959, raising slogans. Shri Badal Singh was doing judicial work at that time. After entering the Court room, slogans were raised against Betterment Levy which had been imposed by the Government. It is said that in spite of requests to leave the Court room, the accused did not desist from raising slogans, thereby obstructing the judicial work. Shri K. C. Grover, Sub-Divisional Magistrate, Jind, reached the Court room of Shri Badal Singh with some police force and persuaded Ch. Inder Singh and some others not to disturb the Court but his requests fell on deaf ears. Shri Badal Singh then sent a memo. Exhibit P. A. to the Station House Officer, Narwana, who arrived and arrested all the accused who were sent up for trial.