A.S.Srivastava, J. - (1.) These four connected appeals are directed against the judgment and order dated 9-3-1978 of the V Additional Sessions Judge, Saharanpur, in S. T. No. A-195 of 1974 in which these appellants along with five others were tried for offences under Sections 147, 452, 332/149, 435/149 and 395, I.P.C. By this order all these appellants have been acquitted of the charge under Section 395, I.P.C. Sixteen of them, viz. Shakti Dutt Tyagi, Jagdish Prasad Pahalwan, Zarif, Master Karan Singh. Master Mahendra Singh, Prem Singh, Trilok Singh, Mohan Lal, Surendra Kumar, Shankar, Pramod Kumar (son of Satya Prakash). Som Prakash, Jeet Ram, Jai Narayan, Jagdish Lamba and Kukoo alias Rajtendra have been convicted and sentenced to various terms of imprisonment (to run concurrently) under Sections 147, 452/332/149, 435/149 I.P.C. The remaining five, namely, Pramod Kumar (s/o Chhote Lal), Ramesh. Gauri Shankar, Hari Om and Shashi Gulathi have been acquitted of these charges also.
(2.) The prosecution of the aforesaid appellants was a sequel to an incident which took place on 3-4-1973 between 8 P- M. and 9-15 P. M. at Outpost Nawabganj, P.S. Kotwali, Saharanpur, situated only at a distance of about three furlongs from p. S. Kotwali in which the said outpost was besieged by a mob of 2000 or 2500 persons shouting slogans. The higher police officers and the then City Magistrate D. P. Gupta had also reached there. The Police had ultimately to resort to a lathi charge for dispersing that crowd.
(3.) The case of the prosecution is that the appellant Shakti Dutt Tyagi and Jagdish Pahalwan who were leading that mob had along with other members of that crowd, formed an unlawful assembly with the common object of committing trespass in the premises of the outpost with the intention of causing mischief and injuries to the police tonstables stationed there and were actually inciting that crowd to commit acts of violence. Consequently this mob committed trespass in the premises of that outpost and removed two bicycles therefrom. They also caused fire to another damaged bicycle kept therein. They also assaulted the constables present in the outpost and caused them injuries. The crow indulged in these activities despite the efforts of the police and the City Magistrate to pacify them. When the crowd caused injuries to the constables, the City Magistrate ordered their dispersal by resorting to a lathi charge. The Police then swung into action, dispersed the crowd and arrested 12 persons on the spot who were : Shakti Dutt Tyagi, Jagdish Prasad son of Khub Chand, Zarif, prem Singh, Master Karan Singh, Master Mahendra Singh, Mohan Lal, Trilok Singh, Surendra Pal Singh, Shankar, pramod Kumar son of Satya Prakash and Som Prakash. Soon thereafter 4. e. at 10-30 p. m. a report of this incident was also lodged at P.S. Kotwali by Sub-Inspector Inder Singh in which nine more persons were recognised in that crowd but who could not be arrested. They were Pramod Kumar son of Chhote Lai, Ramesh Chand, Gauri Shankar, Jit Ram Jit, Hari Om, Jagdish Lamba, Kukoo, Shashi Gulathi, Ganesh and Jai Narain. Three witnesses of the public namely, Viren-dra Singh Yadava, Yashpal Singh and Surendra Kumar Kapil were named in the F.I.R. as eye witnesses of the incident.;