An attempt is a direct movement towards the commission of an offence after the preparation has been made.

H.K.Chaudhuri, J.

1. This is a Government appeal against an order of the learned Sessions Judge of Darbhanga reversing a judgment of conviction recorded by a Magistrate of the first class of that place. The respondent was convicted by the trial court under Section 5 of the Bihar Essential Services-Maintenance, Act, 1947 (Bihar Act 1 of 1948), Sec.3 of the Police (Incitement to Disaffection) Act. 1922, and Section 451 of the Indian Penal Code. For his conviction under Sec. 5 of the Bihar Essential Services Maintenance Act, 1947 , the respondent was sentenced to six months rigorous imprisonment besides a fine of Rs. 100.00 in default, to a further term of imprisonment for three months. No separate sentence was awarded for the other two convictions. In appeal the learned Sessions Judge set aside all these convictions and acquitted the respondent. It is against this order of acquittal that the present appeal is directed.

2. The respondent, a dismissed constable, was the Secretary of the Bihar Police and Jailmens Association, Under a notification issued by the Deputy Inspector General of Police, Northarn Range, there was a ban against members of the police force of the State joining this Association. The prosecution case is that on 9-5-56 at about 10-30 a. m. while Ganga Singh, a traffic constable (P. W. 17) was sitting in front of the third class exit gate of Darbhanga railway station, the respondent came there and sat by his side.

He started conversation with the constable (P. W. 17) giving out his name and the office which he was holding. In the course of his conversation the respondent asked the constable where the police barrack was. The constable (P. W 17) while pointing out the location of the barrack enquired as to why he wanted information about the barrack. The respondent replied that he wanted to collect subscription for his Association. He then went towards the police barrack. Ganga Singh (P. W. 17) went to report the matter to the officer-in-charge of the Government Railway Police but was unable to do so as that officer was not at the station then.

In the meanwhile the respondent entered a room of the G. R. P. barrack where two constables-,. Bali Missir (P. W. 1) and Ram Nirekhan Singh (P. W. 3), were discussing their mess account on a chowki. Another constable Ramasre Singh (P. W. 2) was sleeping there on a separate chowki. The respondent took his seat on the latter chowki. P. Ws. 1 and 3 asked the respondent why he had come there. There was then some conversation between them and the respondent. Thereafter the respondent took out a receipt book for collecting subscription for the Association from his pocket. Just then Indu Bhusan Tewari, the officer-in-charge of the G. R. P. S. (P. W. 24) came there in course of his usual round. On seeing the respondent the officer-in-charge enquired who he was. The respondent gave out his name. The three constables who were in the room at the time stated that they did not know who the respondent was. The officer-in-charge thereupon arrested the respondent. On a search being made of his person the receipt book referred to above, and other articles were recovered from his pocket.

3. The defence was a plea of innocence. The respondent admitted that he had gone to the barrack but his plea was that he had gone there to ask for a lota for temporary use. He denied that he had gone there to collect subscriptions or that he was an office-bearer or a member of the Association.

4. Both the courts below held that the respondent was a dismissed constable and that on the date in question he was the Secretary of the Bihar Police and Jailmens Association. They also found that on the day of occurrence the respondent had gone to the police barrack at Darbhanga and met constables Bali Missir (P. W. 1), Ramasre Singh (P. W. 2) and Ram Nirekhan Singh (P. W. 3). The learned Sessions Judge also gave a clear finding that while talking with two of the constables (P. Ws. 1 and 3) the respondent had t