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Miran and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1926All168; 92Ind.Cas.224
AppellantMiran and ors.
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), sections 147, 149, 332 - constable interfering with wrestling match--assault on members of police force--rioting--sentence. - - it is very difficult in a case like this, where the backers of the wrestlers were grappled on the throat, to resist rushing the arena when a constable who was backer of one of the wrestlers was interfering, but that, however, will not permit the crowd or such of the members of the assembly present there to hustle the police who were there for the purpose of maintaining law and order......sureties under section 106, criminal p.c. to keep the peace.2. on 12th january, 1925, there was a wrestling match between hasmat of jalalabad and inna of kairana in the chhaarian fair at kairana. this wrestling match, it appears, was under the patronage of the municipal board and the municipality had invited policemen to keep peace and order in the fair. the wrestling match, was a very evenly contested one and, according to the evidence of the vice-chairman, five minutes more were allowed to the wrestlers to finish the wrestling; but it appears that one qazim husain, constable, who was a backer of hashmat, interfered with the wrestling. thereafter there was a sort of souffle and the net result was that some of the policemen were hustled and their uniform torn. it is very difficult in a.....
Judgment:

Banerji, J.

1. This is an application in revision on behalf of six persons, who have been convicted under Section 147 read with Sections 149 and 332, I.P.C., and sentenced to various terms of imprisonment, and they have been further directed to execute bonds with sureties under Section 106, Criminal P.C. to keep the peace.

2. On 12th January, 1925, there was a wrestling match between Hasmat of Jalalabad and Inna of Kairana in the Chhaarian fair at Kairana. This wrestling match, it appears, was under the patronage of the Municipal Board and the Municipality had invited policemen to keep peace and order in the fair. The wrestling match, was a very evenly contested one and, according to the evidence of the Vice-Chairman, five minutes more were allowed to the wrestlers to finish the wrestling; but it appears that one Qazim Husain, constable, who was a backer of Hashmat, interfered with the wrestling. Thereafter there was a sort of souffle and the net result was that some of the policemen were hustled and their uniform torn. It is very difficult in a case like this, where the backers of the wrestlers were grappled on the throat, to resist rushing the arena when a constable who was backer of one of the wrestlers was interfering, but that, however, will not permit the crowd or such of the members of the assembly present there to hustle the police who were there for the purpose of maintaining law and order. Having given my careful consideration to all that Sir Charles Boss Alston had to say in support of his case and the argument of the Assistant Government Advocate, I am of opinion that the whole of the incident was a very trivial affair, but the accused were no doubt technically guilty of the offence with which they were charged. I realize that the duty of controlling a crowd at these wrestling matches is a very serious duty and anybody interfering therewith must be punished. But under the circumstances of this case I am of opinion that the period of imprisonment already served by the petitioners is a sufficient punishment. I reduce the sentence to that already undergone. I maintain the sentences of fine. I do not think it is in this case necessary to bind the accused under is Section 106, Criminal P.C., to keep the peace. I set aside the order directing the accused to execute bonds under that section.


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