DEBI SOREN Vs. STATE

JUDGEMENT

(1.) These are three appeals which have been heard together. The appellant in Criminal Appeal No. 303 of 1951 is one Debi Soren who has been found guilty under Section 124A, Penal Code and sentenced to pay a fine of Rs. 500.00 or in default to undergo simple imprisonment for six months by the learned Sub-divisional Magistrate of Dumka. In Criminal Appeal No. 306 of 1951, the appellant is Mrs. Hanna Bodra, who has been convicted by the same Magistrate under Sections 124A and 153A, Penal Code, and sentenced to pay a fine of Rs. 300.00 and Rs. 200.00 respectively, or in default to undergo rigorous imprisonment for a period of three months. In the third appeal (Criminal Appeal No. 312 of 1951) the appellant is Yunus Soren, who has been convicted by the same Magistrate for offences under Sections 124A and 153A, Penal Code and sentenced to pay a fine of Rs. 300.00and Rs. 200.00 respectively, or in default to undergo rigorous imprisonment for a period of three months. The appeals have been preferred to this Court under Clause (c) of the proviso to Section 408 Criminal P, C.

(2.) The cases against the appellants were instituted on a complaint made by the Superintendent of Police, Santal-Parganas, after the necessary sanction or authority had been obtained from the State Government in accordance with the provisions of Section 196, Criminal P. C. Originally, the three appellants were on trial in one case. By an order dated 12-12-1950, the trial was split up into three separate cases, one case against each of the appellants. The learned Sub-divi-sional Magistrate delivered three separate judgments from which three appeals have been filed. The appeals have been heard together in this Court as common questions of law and facts arise in these appeals. We have heard Mr. S. Anwar Ahmad in two of the appeals and Mr. Basanta Chandrai Ghose in Criminal Appeal No. 312 of 1951. Mr. S.C. Chakravarty has represented the state of Bihar in all the three appeals.

(3.) Very shortly put, the case against these three appellants was the following. There was an annual conference of the Bhagalpur Adibasi Mahasava at a place called Lakhikundi in the district of the Sanital Parganas, on the dates 24th 25th and 26th of March 1949. Debi Soren presided over the conference. He and the other two appellants, Mrs. Hanna Bodra and Yunus Soren, were the principal speakers. The prosecution case was that on two dates, 25th and 26th of March 1949, the appellants made speeches at the conference which brought or attempted to bring into hatred or contempt and excited or attempted to excite disaffection towards the Government established by law in India. Against two of the appellants, Mrs. Hanna Bodra and Yunus Soren it was further alleged that by the speeches which they delivered they promoted of attempted to promote feelings of enmity or hatred between different classes or the citizens of India. In the charge framed against the appellants certain extracts from their speeches were quoted. It was alleged that Debi Soren made the following statements in his speeches :