Judgment

BHAGWATI, J.:- This is one of those cases where it is impossible to sustain the judgment of the High Court. It is indeed difficult to appreciate itself to reverse the acquittal of the appellant. The appellant was tried before the Metropolitan Magistrate, 30th Court, Kurla, Bombay for offences under Section 323 read with Section 114 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, 1932.The incident out of which the prosecution arose was a trifling one and according to the prosecution, it had its genesis in a strike which took place in the factory of CEAT Tyres Co. of India Ltd. between November 1973 and March 1974. The complainant was a trainee worker in the factory. While the appellant and one T. S. Sulunke were permanent employees. It appears that the appellant and T. S. Sulunke were active participants in the strike, but so far as the complainant was concerned, he had not joined the strike and was regularly attending the factory. On 19th December, 1973, in the evening, the complainant was returning home in the staff bus and near a place called Sion, he alighted from the bus when it stopped at a road crossing owing to the red traffic signal. The pr