THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.528 of 2006 15-12-2014 BETWEEN:
State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad …..Appellant AND B.Krishna Murthy & others …..Respondents THIS COURT MADE THE FOLLOWING ORDER:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.528 of 2006 JUDGMENT:
This Criminal Appeal is filed by the State challenging the judgment dated 04.10.2005 on the file of I Additional District & Sessions Judge, Srikakulam in Crl.A.No.89 of 2003 whereby the learned Sessions Judge allowed the appeal reversing the judgment of the Judicial Magistrate of First Class, Rajam in C.C.No.204 of 1999 dated 22.3.2003 and set aside the conviction and sentence imposed on A.1 to A.17 for the offence under Section 147 IPC. The trial Court convicted A.1 to A.17 for the offence under Section 147 IPC and sentenced them to undergo R.I. for 6 months and to pay a fine of Rs.200/- each, in default, to undergo S.I. for one month.
The brief facts of the case of the prosecution are as follows:
M/s. Vasavi Jute Mill, Rajam declared a lockout on 20.2.1998 in view of disputes with the workers and later the mill was leased out to M/s.Mahadeo Jute Mill, without there being any settlement of the dispute. While so, on 13.12.1998, all the erstwhile workers of the mill staged a ‘dharna’ in view of the anti-worker policies of the management. On information, the Sub-Divisional Police Officer-P.W.14 and the Inspector of Police, Rajam-P.W.16 along with staff reached the spot, when the workers failed to move from the place on request, on request of P.W.14, the Mandal Revenue Officer-P.W.12 issued prohibitory orders and thereupon the police resorted to lathi-charge and in the said incident, there was also stone-pelting incidents. Subsequently, basing on the occurrence report under Ex.P.10, a case was registered in Crime No.113 of 1998 and after completion of investigation, charge sheet was laid against the accused.
In order to bring home the guilt of the accused, prosecution examined P.Ws.1 to 16 and marked Exs.P.1 to P.11 and exhibited M.O.1. On behalf of defence, no oral or documentary evidence was adduced.
Originally, the accused were charged for the offences under Sections 147, 325, 332, 427 and 506(2) read with Section 34 IPC. After evaluating the entire evidence brought on record, the trial Court acquitted the accused for the said offences except for an offence under Section 147 IPC and accordingly, convicted and sentenced them as aforementioned.
Heard the learned Additional Public Prosecutor and learned counsel for respondents and perused the material brought on record.
The learned trial judge recorded the reasons for acquitting the accused- respondents for the major offences as follows:
“15. In this case all the injured persons were examined by the doctor and he issued wound certificates which are marked as Exs.P.1 to P.8 and he opining that the injuries are caused by blunt object by stones. But the injured persons stated that they cannot say who beat them and who pelted stones against them. The injured persons are not stated the overt acts and they also stated that they cannot identify the accused. Hence, the charge against the accused U/s.325 is not proved.”
This Court is of the view that when the major offences are not made out about the participation of the accused in connection with the offences under Sections 325, 427, 332 and 506 IPC, mere conviction under Section 147 IPC is not sustainable in law since as rightly observed by the lower appellate Court, there should be a common object and in furtherance of such common object, there should be an act of violence by unlawful assembly. Section 146 IPC defines ‘rioting’ as follows:
“146. Rioting:- Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly, is guilty of the offence or rioting.”
In the present case, the said ingredients of Section 146 IPC are totally missing. Further it is the case of the prosecution that more than 100 members participated in the occurrence, but whereas, for the reasons best known to the prosecution, it chose to file the case only against 17 persons. Hence, for the above reasons, this Court is of the view that the order of acquittal passed by the lower appellate Court is in accordance with law and no ground is made out to interfere with the said order.
In the result, the Criminal Appeal is dismissed.
Miscellaneous Petitions, if any, pending shall stand closed.
RAJA ELANGO,J 15.12.2014 Tsr