KHOSHI MAHTON Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this application are these. There was a proceeding under Section 144 of, the Code of Criminal Procedure between the petitioners on one side and one Ibrahim Mian on the other, and both the parties were restrained from going over a particular piece of land over which paddy crops were standing. Notices were duly served on the parties on the 19th November, 1959. Subsequently, a petition was filed by Ibrahim Mian that the petitioners, along with others, went to the afore said land on the 24th November, 1959, and cut and re moved the standing paddy crops therefrom. After a police enquiry, a case under Section 188 of the Indian Penal Code against the petitioners was instituted by the State.

(2.) The petitioners pleaded innocence, and said that they did not go to the land nor did they cut or remove paddy crops standing thereon. The learned Magistrate accepted the case of the prosecution and further held that this action of the petitioners which amounted to disobedience of the orders under Section 144 tended to cause a riot or affray. The petitioners were, therefore, convicted under Section 188, I. P. C. and sentenced to undergo rigorous Imprisonment for two months each and to pay a fine of Rs. 55/- each, in default, to undergo further rigorous imprisonment for fifteen days. There was an appeal to the Court of Session by the petitioners, and the 'earn ed Sessions Judge accepted the findings of the trying Magistrate except the finding relating to the disobedience tending to cause a riot or affray. The learned Judge did not accept this finding, because, in his opinion, the disobedience did not tend to cause a riot or affray; and he reduced the sentence to simple imprisonment for one month each, maintaining the sentence of fine.

(3.) Section 188 of the Penal Code reads as follows: