S.N.Sahai, J. - (1.) These six appeals are against the order passed by the learned Civil and Sessions Judge of Deoria, acquitting the respondents in each case of an offence punishable under Section 52 of the Prisons Act (Act IX of 1894). Chandrabali Singh is the respondent in Govt. Appeal No. 1599 of 1957 while Brijraj Singh, Raj Kishore, Sardar Ambrik Singh, Krishna Lal and Ugrasen Singh are the respondents in Govt. Appeals Nos. 1600, 1601, 1602, 1603 and 1604 respectively.
(2.) The facts of the case lie within a very narrow compass. The respondents who are members of the Socialist party, were admitted in the district Jail, Deoria, under Section 188 I. P. C. on the 29th September, 1956 at 9.15 a.m. after being sent from the court of Sri G. P. Misra, Magistrate first class, Deoria, as undertrials. The charge against them was that when in jail as undertrials they refused to take food stating that they were on hunger strike from outside. According to the testimony of Sri Badri Prasad Misra, Jailor, District Jail, Deoria, who was on duty on the aforesaid date, on their admission into the jail he offered food to them but they refused to take it as they were on hunger strike. Sri Badri Prasad warned them that it was an offence not to take meals inside the jail and read out paragraph 742 of the Jail Manual to them.
(3.) The first instance of refusal to take food was on the 29th September, 1956 at midday. The Superintendent of jail also came in the meantime. Both of them went to barrack No. 3 where the accused were lodged. But in spite of their persua-tion the accused did not take either the evening meal of 29th or the first two meals of the 30th September, 1956. They, however, took their meals in the night of that day. In view of the persisting refusal of the accused to take their meals on the 29th the Jailor made a note on the history ticket of every accused to the effect "Refusing to take food" and underneath it the Superintendent of jail wrote: "Warned that this is a major jail offence under jail rules and he is liable to prosecution." On the morning of the 30th a complaint was sent by the Superintendent, District Jail, Deoria to the District Magistrate of that district which ran as follows: "I have the honour to report that undertrial prisoners, Sri Krishna Rai, Chandrabali Singh, Raj Kishore, Ugrasen Singh, Sardar Ambrik Singh and Brijraj Singh admitted into jail on the 29th September, 1956 under Section 188 I. P. C. from the Court of Sri G. P. Misra, Magistrate first class, have refused to take food stating that they are on hunger strike from outside. They have been warned that hunger strike inside the jail is a major jail offence and they are liable to be prosecuted, vide paragraph 742 of the Jail Manual. Action may kindly be taken to prosecute them under Section 52, Prisons Act, accordingly in anticipation of Inspector General's sanction." The requisite sanction was received from the Inspector General of Prisons on the 31st October, 1956, which may also be quoted in full : "Whereas I am satisfied from the report No. 1241/ UT, dated 30th September, 1956, of the Superintendent, District Jail, Deoria, that undertrial prisoners Krishna Rai, Chandrabali Singli, Raj Kishore, Ugra-sen Singh, Sardar Ambrik Singh and Brijraj Singh, confined in the district Jail, Deoria continued to remain on hunger strike when admitted into the jail an 29th September, 1956, in spite of being warned that such action constitutes a major jail offence, vide paragraph 742 of the Jail Manual. Now, therefore, I. C. P. Tandon P.M.S.I., Inspector General of Prisons, U.P., hereby sanction the prosecution of the said undertrial prisoners Krishna Rai, Chandrabali Singh, Raj Kishore, Ugrasen Singh, Sardar Ambrik Singh and Brijraj Singli under Section 52 of the Prisons Act." It may be stated here that prosecution was launched before the receipt of the sanction of the Inspector General of Police U.P. The procedure adopted at the trial was one of summons cases. No formal charge was framed against any one of the accused. When examined in court they denied the fact that they went on hunger strike or that they refused to take food.;