- (1.) In these appeals the main question in controversy is whether Ss. 124A and 505 of the Indian Penal Code have become void in view of the provisions of Art. 19(1)(a) of the Constitution. The constitutionality of the provisions of S. 124A, which was mainly canvassed before us, is common to all the appeals, the facts of which may shortly be stated separately.
(2.) In Criminal Appeal 169 of 1957, the appellant is one Kedar Nath Singh, who was prosecuted before a Magistrate, 1st Class, at Begusarai, in the district of Monghyr, in Bihar. He framed the following charges against the accused person, which are set out in extenso in order to bring out the gravamen of the charge against him : "First-That you on 26th day of May, 1953 at village Barauni, P. S. Teghra (Monghyr) by speaking the words to wit, (a) To-day the dogs of the C. I. D. are loitering round Barauni. Many official dogs rare sitting even in this meeting. The people of India drove out the Britishers from this country and elected these Congress goondas to the gaddi and seated them on it. To-day these Congress goondas are sitting on the gaddi due to mistake of the people. When we drove out the Britishers, we shall strike and turn out these Congress goondas as well. These official dogs will also be, liquidated along with these Congress goondas. These Congress goondas are banking upon the American dollars and imposing various kinds of taxes on the people to-day. The blood of our brothers-mazdoors and Kisans-is being sucked. The capitalists and the zamindars of this country help these Congress goondas. These zamindars and capitalists will also have to be brought before the peoples court along with these Congress goondas. (b) On the strength of the organisation and unity of Kisans and mazdoors the Forward Communists Party will expose the black deeds of the Congress goondas, who are just like the Britishers. Only the colour of the body has changed. They have to-day established a rule of lathis and bullets in the country. The Britishers had to go away from this land. They had aeroplanes, guns, bombs and other weapons with them. (c) The Forward Communist party does not believe in the doctrine of vote itself. The party had always been believing in revolution and does so even at present. We believe in that revolution, which will come and in the flames of which the capitalists, zamindars and the Congress leaders of India, who have made it their profession to loot the country, will be reduced to ashes and on their ashes will be established a Government of the poor and the down-trodden people of India. (d) It will be a mistake to expect anything from the Congress rulers. They (Congressrulers) have set up V. Bhave in the midst of the people by causing him wear a langoti in order to divert the people's attention from their mistakes. To-day Vinova is playing a drama on the stage of Indian politics. Confusion is being created among the people. I want to tell Vinova and advise his agents, 'you should understand it that the people cannot be deceived by this Yajna, illusion and fraud of Vinova. I shall advise Vinova not to become a puppet in the hands of Congressmen. Those persons, who understand the Yajna of Vinova, realise that Vinova is an agent of the Congress Government. (e) I tell you that this Congress Government will do no good to you. (f) I want to tell the last word even to the Congress Tyrants. 'You play with the people and ruin them by entangling them in the mesh of bribery, black-marketing and corruption. To-day the children of the poor are hankering for food and you Congressmen are assuming the attitude of Nawabs sitting on the chairs' . . . .. .. . . . . . brought or attempted to bring into hatred or contempt or excited or attempted to excite disaffection towards the Government established by law in the Indian Union and thereby committed an offence punishable under section 124A of the Indian Penal Code and within my cognizance. Secondly-That you on the 26th day of May, 1958 at village Barauni, P. S. Tegra (Monghyr) made the statement, to wit, "(a) To-day the dogs of the C. I. D. are loitering round Barauni, Many official dogs are sitting even in this meeting. The people of India drove out the Britishers from this country, and elected these Congress Goondas to the gaddi and seated them on it. To-day these Congress Goondas are sitting on the gaddi due to the mistake of the people. When we have driven out the Britishers, we shall strike and turn out these Congress Goondas as well. These official dogs will, also be liquidated along with these Congress Goondas. These Congress Goondas are banking upon the American dollars and imposing various kinds of taxes on the people to-day. The blood of our brothers Mazdoors and Kisans is being sucked. The capitalists and the zamindars of this country help these Congress Goondas. These zamindars and capitalists will also have to be brought before the people's Court along with these Congress Goondas. (b) On the strength of the organisation and unity of kisans and mazdoors the Forward Communist Party will expose the black deeds of the Congress Goondas, who are just like the Britishers. Only the colour of the body has changed. They have, to-day, established a rule of lathis and bullets in the country. The Britishers had to go away from this land. They had aeroplanes, guns, bombs, and other weapons with them. (c) The Forward Communist Party does not believe in the doctrine of votes itself. The party had always been believing in revolution and does so even at present. We believe in that revolution which will come and in the flames of which the capitalists, zamindars and the Congress leaders of India, who have made it their profession to loot the country, will be reduced to ashes, and on their ashes will be established a Government of the poor and the downtrodden people of India. (d) It will be a mistake to expect anything from the Congress rulers. They (Congress rulers) have set up V. Bhave in the midst of the people by causing him wear a langoti in order to divert the attention of the people from their mistakes. To-day Vinoba is playing a drama on the stage of Indian politics. Confusion is being created among the people. I want to tell Binova and advise his agents, "You should understand it that the people cannot be deceived by this Yajna, illusion and fraud of Binova. I shall advise Binova not to become a puppet in the hands of the Congressmen. Those persons who understand the Yajna of Binova, realise that Binova is an agent of the Congress Government. (e) I tell you that no good will be done to you by this Congress Government. (f) I want to tell the last word even to Congress tyrants 'you play with the people and ruin them by entangling them in the mesh of bribery black-marketing and corruption. To-day the children of the poor are hankering for food and you (Congressmen) are assuming the attitude of Nawabs sitting on the chairs, . . .. . . . . . . " with intent to cause or which was likely to cause fear or alarm to the public whereby any person might be induced to commit an offence against the State of Bihar and against the public tranquillity, and thereby committed an offence punishable under section 505 (b) of the Indian penal Code and within my cognizance."
(3.) After recording a substantial volume of oral evidence, the learned trial Magistrate convicted the accused person both under Ss. 124A and 505(b) of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for one year. No separate sentence was passed in respect of the conviction under the latter section.;