EMPEROR Vs. MASIT

JUDGEMENT

(1.) Masit has been convicted of an offence under Section 296 of the Indian Penal Code, and has been sentenced to rigorous imprisonment for six months. He appealed to the Sessions Judge of Bareilly, and his appeal was dismissed. He comes here in revision and raises the point whether the facts found constitute an offence under Section 296 of the Indian Penal Code; the question of sentence is also put forward as being excessive.

(2.) The facts found are that Masit joined with others in attacking a procession of Lodhas who were carrying flags to a temple with the sanction of the public authorities.

(3.) The learned Counsel who appeared for him in this Court raised the question whether the carrying of flags to a temple before they had been, so to speak, consecrated, could be considered the performance of a religious worship or religious ceremony.