KIRIT NARAIN SINGH Vs. EMPEROR

JUDGEMENT

(1.) The appellants have been convicted by the Special Judge of Muzaffarpur, under Secs.143, 448/149, Indian Penal Code, and Defence of India Rule 56 (4). In respect of the first two convictions, they have been sentenced each to rigorous imprisonment for six months and one year, respectively. For the conviction under the Defence of India Rule, they have been sentenced to rigorous imprisonment for throe years. The sentences of imprisonment have been directed to run con- currently. At the time of his conviction and sentence in this case, the appellant Kirti Narayan Singh was undergoing imprisonment in other cases. The learned Judge has given a direction under Section 397, Criminal P.C., that the sentences imposed in this case would also run concurrently with the imprisonment in respect of the previous eases. There were 18 other persons tried along with the three appellants. Nine of them, in addition to the three appellants, were also convicted, two of them were bound down under Section 562, Criminal P.C., and the other seven were given substantive sentences. None of them has appealed.

(2.) The case arises out of an occurrence which took place on 14 August 1942 at about 1 P.M. at the Sheohar police station. On that day at that time a mob of about 400-500 men carrying congress flags came to the police station shouting congress slogans. Some members of the mob were armed with weapons such as small spears, sticks, lathis and dabias. The mob entered the Thana compound, some of the members got on the Thana verandah and tore down the notices posted on the Thana walls exhorting people to contribute to war funds. They wrote on the walls with chalk slogans such as Hindustan Aazad . Some of the mob hoisted a Congress flag on the gate of the hajat. Another Congress flag was posted up in the police station compound by fixing it to a pole fixed in the ground. Before the mob arrived, the Sub-Inspector of Police (p. w. l) had locked the Malkhana and the inspection room. One of the members of the mob, Harihar Pande, asked the Sub-Inspector to return the property and papers of the Local Congress office, which had been seized by the Sub-Inspector some time previously. The Sub- Inspector told him that the keys had already been sent by him to the District Magistrate and that it was not possible for the Sub-Inspector to return the things.

(3.) After this a portion of the mob left the place, while others remained on guard near the police station watching that no work was done by the police. Work was altogether suspended at the police station from that day till 18 August. On 19th August, under the orders of his superior officers, the Sub-Inspector went with his staff to Sitamarhi where "concentration camp" had been formed. They reached the concentration camp on the 2lst at about 7 p. M.