Decided on July 12,1984

KEWAL Appellant


G.K.SHARMA, J. - (1.)THIS is a revision petition filed against the judgment of Additional Sessions Judge, Bharatpur, dated 6th June, 1978, upholding the judgment of Munsiff Magistrate. Ueeg, by which the petitioners have been convicted under Section 147 I.P.C. and under Section 24 of the Cattle Trespass Act. For the offence under Section 147 I.P.C. each petitioner is sentenced to pay a fine of Rs. 100/ - and for the offence under Section 24 of the Cattle Trespass Act, each petitioner is sentenced to pay fine of Rs. 25/ -.
(2.)A complaint was filed by Om Prakash, before the Munsiff Magistrate, Deeg, which was sent to the Police Station under Section 156(3) Cr. PC. On this complaint the S.O. Police Station Deeg, registered the case, investigated it and submitted the challan against the petitioner under Section 147/149 I.P.C. and under Section 24 of the Cattle Tresspass Act The learned Magistrate, after trial found the petitioners guilty under Section 147 I.P.C. and under Section 24 of Cattle Trespass Act, and sentenced as mentioned above. Appeal was preferred but was dismissed by. Additional Sessions, Judge, Bharatpur.
The learned Counsel for the petitioners has argued that the learned Magistrate has erred in holding that the petitioners had formed unlawful assembly, their conviction under Section 147 I.P.C. is bad. The learned Public Prosecutor has argued that from the evidence on record it has been established that the petitioners had a common object to forcibly take the catties when they were being taken to cattie pond.

(3.)UNLAWFUL Assembly is defined Section 141 IPC. An assembly of 5 or more persons will be declared as unlawful assembly if the object of that assembly is to overawe by criminal force any public servant i.e. the exercise of the lawful power of the public servant or to resist the execution of any law, or any legal process; to commit any mischief or criminal trespass, or any other offences or by means of criminal force take possession of any property or to deprive any person of the enjoyment of the right of way or the use of water etc. or by means of criminal force to company person to do what he is not legally bound to do or to omit to do what he is legally entitled to do. It was argued that none of the condition mentioned in this Section 141 I.P.C. has been established.

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