OMPRAKASH LALCHAND Vs. EMPEROR

JUDGEMENT

(1.) THE appellant Om Prakash Mehta, political worker, o? Nagpur, was convicted and sentenced to undergo 9 months rigorous imprisonment under Section 124-A, Penal Code, by the Additional District Magistrate, Nagpur.

(2.) IN the beginning of October 1946, the Nagpur police had prosecuted some rickshawwallas for breaches of a municipal bye-law which limits the number of passengers they can take in their rickshaws. The rickshaw wallas resented these prosecutions and on 10-10-1946 went on strike and held a meeting in the Kasturchand park. This meeting was addressed by the appellant, who was the principal speaker, and others, including H.K. Vyas (D. W. 2). The meeting was also attended by G.V. Moharir (P. W. 1), Naib-tahsildar, and L.P. Shrivastava (P. W. 2), Station Officer, Gaddigudam, of whom the latter took down longhand notes in pencil.

(3.) THE appellant in examination admitted that he had addressed the meeting of rickshawwallas on the relevant date in the Kasturchand park, but he denied that the notes taken by L.P. Shrivastava contained are report of his speech. He also declared that he had not incited his audience to use force to the police and that he had not stated that the police officers were the same police officers as those who had fired on people in 1942 or were the same murderers with blood-stained hands. He further denied that he had charged the police with failing to prosecute the owners' and drivers of buses which carried more than the prescribed number of passengers because they received bribes and free lifts from them.