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S.RATNAVAL PANDIAN, G.L.OZA
Lalit Kumar Sharma – Appellant
Versus
Superintenden t and Remembrancer of Legal Affairs, Govt. of Wst Bengal – Respondent


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 petitioner - appellants Nos. 1 to 5 and 7 under Sections 147 and 325 read with Section 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.6 under Sections 148 and 324 of the Indian .Penal Code and sentencing him there under to suffer rigorous imprisonment for a period of 9 months and one year respectively with a direction that the sentence 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 Manager at the mill (P.W.1) to affix a 'notice of closure' (Ex. 1) which notice was to be affixed on 10/11-5-70 at about 0

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