KISHORI MOHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Revisions NoSection 2212 and 2336 of 1971 have been heard together as they arise out of the common judgment upholding the conviction of the petitioners of the two cases.

(2.) KISHORI Mohan Prasad, the petitioner in Cr. Rev, No. 2212 of 1971, was at the relevant time Junior Statistical Supervisor in the Garkha Block in the district of Saran. Dwarka Nath Singh is the petitioner in the other case and he was at the relevant time Panchayat Sewak in the said block. The complainant Kanhaiya Lai Gour was the Head Aasistant -cum -Accountant of the Block. Strike of the non -gazetted employees had commenced from the 11th July, 1968. The prosecution case is that on that date at about 3.45 p.m. Kanahaiya Lai Gour came out of his office for some work and he was surrounded by the staff of the Block. Petitioner Dwarka Nath Singh put a garland of shoes around his neck and petitioner Kishori Mohan Prasad took a photograph. Kanttaiya Lai Gour made a complaint to the Block Development Officer who forwarded it to the Sub -Divisional Magistrate, which led to the prosecution. The petitioners were convicted by the trying Magistrate and the appellate Court has affirmed the conviction of Kishori Mohan Prasad under Section 504 of the Indian Penal Code and sentence of six months' rigorous imprisonment The appellate Court also affirmed the conviction of Dwarka Nath Singh under Section 504 of the Indian Penal Code and its sentence of six months' rigorous imprisonment and the conviction under Section 352 of the Indian Penal Code and its sentence of six months' rigorous imprisonment.

(3.) THE opening words of Section 504 are