STATE OF RAJASTHAN Vs. GOPAL KRISHNA AND ANOTHER

JUDGEMENT

(1.) This is an appeal flied by the State after obtaining necessary leave against the order of acquittal of the respondents for offences under Rules 43(5) and 36 of the Defence and Internal Security of India Rules, 1971, hereafter referred to as the Rules, and S. 188, I.P.C. passed in this case by the Chief Judicial Magistrate; Jodhpur, on 13th March, 1976.

(2.) The relevant facts giving rise to the prosecution of the two respondents may be briefly stated as follows:-

(3.) On 7th Dec., 1975, at 4. 15 p. m. Head Constable Malam Singh and Literate Constable Mohan Singh saw Gopal Krishna and Bal Krishna respondents standing near Clock Tower, Jodhpur. The respondents were asking Thela drivers to take away their Thelas from there and to make room for holding a meeting that was to be addressed by Shri Rancher Dass Gattaal. The respondents were raising slogans, e.g. VARNACULAR MATTER OMMITED On hearing these slogans, Malam Singh, Head Constable, asked the respondents not to indulge in such activities, as were forbidden by law, during the emergency the two respondents turned deaf ears to his advice and raised new slogans under a loud tone, e.g. VARNACULAR MATTER OMMITED On hearing these slogans, large number of persons assembled there. As there-was likelihood of danger of breach of the peace, Malam Singh, Head Constable, and Mohan Singh, Literate Constable, brought the respondents to the police out-post .where also the latter shouted slogans. The respondents were then arrested by the police on the first information report of Malam Singh. The police registered a criminal case against the respondents under rules 38 and 43 of the Rules and S. 188, I.P.C. and, after making necessary investigation into it, filed a charge-sheet in the court of the Chief Judicial Magistrate, Jodhpur. The Chief Judicial Magistrate, Jodhpur, The Chief Judicial Magistrate, Jodhpur, tried the respondents after framing separate charges against each of them under Rules 43 (5) read with Rule 36 (6) (e) of the Rules and S. 188, I.P.C. They pleaded not guilty there to.