S. Ratnavel Pandian, J. - (1.) This appeal arises from the judgment of the Division Bench of the Calcutta High Court reversing the order of acquittal passed by the Assistant Sessions Judge of Howrah and convicting the petitioners / appellants 1-5 and 7 under Ss. 147 and 325 read with S. 149 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for a period of 6 months and 2 years respectively and convicting the petitioner / appellant No. 16 under Ss. 148 and 324 of the I.P.C. and sentencing him thereunder to suffer rigorous imprisonment for a period of 9 months and one year respectively with a direction that the sentences imposed on each of them to run concurrently.
(2.) The matrix of the accusation which led to the prosecution of these appellants can be summarised thus: Since March 1970 the workers of Mahadev Jute Mill, Bally had been frequently resorting to go slow tactics and strikes, as a result of which the management found it difficult to run the mill peacefully. Therefore, the owners directed the Manager of the mill (P.W. 1) to affix a 'notice of closure' (Ex. 1) which notice was to be affixed on 10/11-5-1970 at about 00. 15 a. m. At about 9.30 p. m. or 10.00 p. m. on 10-5-70, P.W. 1 was holding some discussion in his quarters within the mill premises with the security officer (P.W. 9). At that time, a Jamadar of the mill (P.W. 6) came and reported that some workers of the mill had entered into the mill compound and were playing cards and they had refused to allow him to close the gate. Thereupon P.W. 1 accompanied by P.Ws. 6, 9 and one Pura Singh (security staff) who was brought at the instance of P.W. 1 by P.W. 6 went to the mill gate and found the workers including the appellants playing cards. P.W. 1 directed the appellants and others to leave that place The first appellant, Lalit Kumar Sharma stood up and declined to obey the directions of P.W. 1. Noticing the hostile attitude of the workers and their defiance, P.W. 1 asked P. W. 6 and Pura Singh to close the small gate which is attached to the main gate of the mill and is used for ingress and egress of the workers and the staff of the mill. On seeing the small gate being closed, the workers who were outside the gate created a tense situation marked by acrimonious shoutings. P.W. 1 became panicky and stepped backward in order to retreat to his quarters. At this point of time the first appellant (Lalit Kumar Sharma) instigated his co-workers to assault P.W. 1 and P.W. 6 and to kill them. At this instigation the workers who were standing outside, broke open the gate and entered into the mill premises armed with iron rods, lathis etc. The first appellant gave a lathi blow on the head of P.W. 1, but it landed on the right ulna of P.W. 1 when the latter attempted to ward off the blow and caused comminuted fracture. Thereafter, all the appellants and others assaulted him with lathis and rods. In the course of the occurrence, Lalit Kumar Sharma (first appellant) snatched away the wrist watch of P.W. 1. Appellant No. 2, Ganga Prasad Tewari forcibly took away his spectacles, two dot pens and the pocket book containing currency notes to the value of Rs. 500/-. P. W. 9 when intervened to rescue P.W. 1, he too was dragged outside the gate and assaulted with knife, lathi etc. Both P.W. 1 and P.W. 9 on being severely injured became unconscious. P.W. 10, a cashier of the mill on getting information about this incident from P.W. 5 went to the police Station and lodged a complaint. The police officials rushed to the mill and found the gate closed. They saw P.W. 9 lying with bleeding injuries in an unconscious state. Then the police officials entered into the mill premises and arrested two Darwans and went to P.W l's residence where P.W. 1 was lying with injuries. Both the injured persons, namely, P.W. 1 and P.W. 9 were removed to Uttarpara Hospital for treatment. P.W. 21 took up the investigation, during the course of which he seized a number of material objects from the place of occurrence, recorded statements of the witnesses and after completing the investigation filed his final report against these seven appellants and three others. The Magistrate discharged two accused persons and committed these seven appellants to take their trial before the Court of Session. One accused by name Inder Singh is absconding.
(3.) The trial Court framed charges against all the seven appellants under Ss. 148 and 326 read with S. 149, I. P. C. and a separate charge against Appellant No. 6 under S. 307, I. P. C. and as against Appellants Nos. 1 and 2 under S. 379 of I.P.C. To substantiate the above charges, the prosecution examined P. Ws. 1-21 of whom P. Ws. 4-7 are the ocular witnesses. P. W. 11, a medical officer attached to Uttarpara Hospital examined P.W 9 and found on his person two lacerated wounds and two incised wounds besides the bruises.;