EMPEROR Vs. KASHINATH DAYARAM CHAUDHARI

JUDGEMENT

(1.) The applicant who is a communist and the secretary of the Railway Men's Union at Manmad, District Nasik, was tried by the Resident Magistrate, First Class, Manmad, for instigating a strike among the labourers in the Reserve Supply Base Depot at Manmad and thereby abetting the doing of a prejudicial act. He was convicted under Rule 38(5) read with Rule 121 of the Defence of India Rules, 1939, and was sentenced to suffer rigorous imprisonment for two years. His appeal to the Sessions Judge at Nasik having been dismissed, he has made this application for revision to have his conviction and sentence set aside. Five of the workmen who went on strike were also tried along with him. They were convicted under Rule 38(5) of the Defence of India Rules and were given the benefit of Section 562(1) of the Criminal Procedure Code. They did not appeal against their conviction.

(2.) The Reserve Supply Base Depot is a military depot where commodities required for military purposes are stored and from where they are transported to places where they are required by military authorities. A large number of labourers are employed in the depot for arranging, loading and unloading the commodities stored there, and a strike among them resulting in the cessation of work is bound to impede and delay the handling of transport and distribution of essential commodities. Such a strike is undoubtedly a prejudicial act as denned in Rule 34(h) of the Defence of India Rules.

(3.) It is not disputed that at about 8-30 a.m. on May 12, 1943, a large number of labourers in the depot went on strike. But the applicant denied at the trial that he instigated them to do so and alleged that he was on the contrary trying to persuade them to go on duty. On the evidence, it has been found that he did instigate the labourers to go on strike, and that finding of fact cannot now be challenged.