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1989 Supreme(SC) 436

G.L.OZA, S.R.PANDIAN
Lalit Kumar Sharma – Appellant
Versus
Superintendent And Remembrancer Of Legal Affairs To The Government Of W. B. – Respondent


Advocates:
HARDEV SINGH, J.R.DAS, P.K.CHAKRAVARTI

JUDGMENT

S. RATNAVEL PANDIAN, J. :— This appeal arises from the judgment of the Division Bench of the Calcutta High Court reversing the order of acquittal passed by the Assistant Sessions Judge of Howrah and convicting the petitioners / appellants 1-5 and 7 under Ss. 147 and 325 read with S. 149 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for a period of 6 months and 2 years respectively and convicting the petitioner / appellant No. 16 under Ss. 148 and 324 of the I.P.C. and sentencing him thereunder to suffer rigorous imprisonment for a period of 9 months and one year respectively with a direction that the sentences imposed on each of them to run concurrently.

2. The matrix of the accusation which led to the prosecution of these appellants can be summarised thus :

Since March 1970 the workers of Mahadev Jute Mill, Bally had been frequently resorting to go slow tactics and strikes, as a result of which the management found it difficult to run the mill peacefully. Therefore, the owners directed the Manager of the mill (P.W. 1) to affix a notice of closure (Ex. 1) which notice was to be affixed on 10/11-5-1970 at about 00. 15 a. m. At about 9.30


















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