PURANMASI KHOJAWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners were convicted under Sections 147, 353 and 225 of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for six months each on each count. The learned 1st Additional Sessions Judge at Motihari who heard the appeal filed by the petitioners confirmed the convictions but in view of the fact that the petitioners had been sentenced under Section 147, Indian Penal Code, 1860, their sentences under Sections 353 and 225, Indian Penal Code, 1860, were set aside. The rule is directed against this order passed by the lower appellate court.

(2.) The prosecution case, in brief, is that there was an agrarian trouble in village Pahkaul and a Magistrate was deputed there with armed force. On the 9th February, 1963 at about 9 A.M. the said Magistrate received a written report from one Jamuna Prasad, the manager of Binod Kumar Verma, stating that there was an apprehension of a breach of the peace in the village. The magistrate went to the place and took action under Section 144 of the Code of Criminal Procedure. In spite of promulgation of the order under Section 144 of the Code of Criminal Procedure the villagers were ready to commit a breach of the peace. The magistrate with the armed party proceeded towards the field and saw the villagers collected there. On the arrival of the magistrate and the armed force the villagers including males and females retreated except five females. When the five females refused to leave the place the magistrate gave order to the lady havildar to arrest those five females. The arrested five females were being taken to the camp on a trailor. On the way about 150 persons armed with deadly weapons and brick-bats surrounded the magistrate and his party. The magistrate declared the mob unlawful and asked them to disperse. The mob did not disperse and started brick-batting. They forcibly rescued the females. Thereupon the magistrate ordered arrest of the members of the unlawful assembly and the police arrested the petitioners out of that mob. It was alleged that members of the mob snatched away lathi of a constable and assaulted the Sub Inspector and the Circle Inspector of Police by brickbats.

(3.) Mohammad Idris, the Sub Inspector of Police at Gaunaha recorded his own fardbeyan, drew up a first information report and started investigation. On completion of the investigation, the Sub Inspector submitted charge sheet against the petitioners, The Subdivisional Magistrate took cognizance of the case and transferred it to a Munsif Magistrate for disposal.