MUTHIAH CHETTI Vs. EMPEROR

JUDGEMENT

(1.) The appellants have been convicted of being members of an unlawful assembly and have been fined under Section 143, Indian Penal Code. They have also been bound over to keep the peace under Section 106, Criminal Procedure Code.

(2.) We are clearly of opinion that the conviction was right. It is found that the appellants with others to the number of 100 armed with aruvals, sticks, etc., went to a piece of land claimed by the prosecutor with the object of taking possession of it and demolishing a building upon it and though no force or violence was used - that was because the prosecution party were overawed and did not come into conflict with them.

(3.) It is however contended, and we think rightly, that the accused in the circumstances of this case were improperly bound over to keep the peace under Section 106, Criminal Procedure Code, inasmuch as (1) they were convicted by a Second-class Magistrate only and not before a Court such as is named in the section and (2) they have not been convicted of an offence involving a breach of the peace.