MOTI DUSADH Vs. EMPEROR

JUDGEMENT

(1.) The petitioners Moti Dusadh, Doma Dusadh, Bisar Dusadh and Sampat Dusadh have been convicted under Secs.147, 323 and 225-B, I.P.C., and have each been sentenced to two months rigorous-imprisonment and a fine of Rs. 20 or in default fifteen days rigorous imprisonment under Section 147, there being no separate sentences under Secs.323 and 225-B, I.P.C. The occurrence is said to have taken place on 9 May 1939, in the evening. The charges framed against all the petitioners were as follows: First.--That you, on or about 9 May 1939, at Goldenganj Bailway Station, were members of unlawful assembly, whose common object was to assault the A.S.M. and his staff, Shamlal, Sukhari and Nandari and to commit mischief by breaking the glass of the station windows and to rescue Moti Dusadh from lawful custody of A. S. M. and Shamlal, pointsman, and thereby committed an offence punishable under Section 147, I.P.C. Secondly.--That you, on or about 9 May 1989, at Goldenganj Bailway Station voluntarily caused hurt to Shamlal, Sukhari and Nandan and thereby committed an offence punishable under Section 323, I.P.C. TKirdly.--That you on or about 9 May 1989 at Goldenganj Railway Station rescued away Moti Dusadh from the lawful custody of A.S.M. and Shamlal and thereby committed an offence unders Section 225-B, I.P.C....

(2.) The case for the prosecution was that on 9 May 1939, S.K. Mazumdar, Travelling Ticket Examiner of the B.N.W. Ry., detected Moti Dusadh travelling without ticket at Goldenganj Railway Station. As a result of Moti's refusal to pay the railway fare on demand, the Ticket Examiner handed him over to the Assistant Station Master of Goldenganj under T.T.E. 3 voucher (Ex. 1). After the train had left , the station, the Assistant Station Master made over Moti Dusadh to Shamlal, pointsman to watch him, and himself went to Station Office to give out and in reports to the Controller and station ahead. On his return the Assistant Station Master collected tickets from the inward passengers who had alighted from the train and during that time he saw a group of 15 or 20 persons who had got down from the train going from west to east on the platform and not through the main gate.

(3.) He demanded tickets from those persons but they refused to deliver any ticket and abused him. It is unnecessary to quote the real words of abuse. Then the Assistant Station Master asked Shamlal, to stop them and realize the railway fare; When Shamlal stopped them, they began to assault him with lathis. Even the Assistant Station Master, when he remonstrated, was chased and he took shelter in his office. These persons then broke the glass of the station windows and fled away. When the Assistant Station Master came out of his office after the rioters had gone, he saw injuries upon the three persons mentioned in the charge--viz., Shamlal, Sukhari and Nandan. He wired to the Controller at Sonepore, who directed him to send the injured men to the Sonepore hospital. He also sent wires to the District Traffic Superintendent and the Government Bail way Police at Sonepore, and issued charge sheet against Moti Dusadh, who also joined the rioters.