- (1.) The facts leading to the prosecution of the two appellants may first be stated : In 1965, the two appellants were students of Kanhai Lal Sah College, Nawada, a college affiliated to the Magadha University. The college was a center for the annual examination of B. A. Part I held by the University.
(2.) May 1, 1965 was the day when the students appeared in English Paper II. At about 10.20 a. m. GuruPrasad (P. W. 1), the Head of the Hindi Department of the College, who also was on that day officiating as the Superintendent of the examination in the absence of the Principal, found appellant 1 talking with an outsider at the eastern gate of the college and taking a slip of paper from that outsider. When appellant 1 returned to his seat in the corridor of the examination hall, where he had been allotted a seat. Guru Prasad P. W. 1 went up to him and took away the said slip of paper from him. He, however, permitted appellant 1 to proceed with his examination.
(3.) At about 10.30 a.m. the examination was over,. Appellant 1 then went up to Guru Prasad and demanded back the said slip of paper. On Guru Prasad refusing to give it back, appellant 1 slapped him and twisted his hand. On the advice of a supervisor (P. W. 2), Guru Prasad retired from the hall and went up to the college office situated on the upper floor. While he was narrating the incident to his colleagues in the office, amongst whom was also P.W. 4, a Professor of the Patna Commerce College appointed by the University as an on server, a mob of students made forcible entry into the office room. Amongst that mob were the two appellants. Appellant 2, also a student of the college in B. A. Part II, assaulted Guru Prasad. P. W. 9, a peon of the college, however, prevented appellant 2 from further assaulting Guru Prasad by catching hold of him and removing him from the office room. The office room was then bolted from within.;