An assembly of persons may not be unlawful in its inception, but it may become unlawful by the subsequent acts of its members.

1. :- Appeal under section 378(1)(3) by the State of Rajasthan and Revisions under section 397/401 Criminal Procedure Code by Banwari Lal injured complainant are directed against the judgment and order dated 18.10.84 whereby the learned Judicial Magistrate Kishangarh Bas (Alwar), in criminal case No. 94 of 1981 State Vs. Sanwan Ram and ors. , acquitted the respondents of offences under section 147, 353 and 332 Indian Penal Code and, in-stead, held them guilty of offence under section 323 Indian Penal Code and released them under section 4(1) of the Probation of Offenders Act 1960 to keep peace and be of good behaviour for a period of one year. The respondents, reportedly, did not challenge such order before appellate or revisional court.

2. Relevant facts are these:

On July 9, 1981 PW1 Mahendra Bhardwaj, Deputy Distt. Education Officer, Boys Education, Rajasthan (DEO) had gone to inspect Govt. Higher Primary School at Rajwada under Police Station Mundawar in District Alwar, PW1 Banwari Lal was working as Head Master at the said institution at that time. When the too were busy in conducting the inspection business the present respondents alongwith 50 or 55 others reached the school premises and assembled in the Varandah. On quarry it was known that the respondents and their colleagues wanted to meet Shri Mahendra Singh D.E.O. Shri Mahendra Singh asked Shri Banwari Lal Head Master to make sitting arrangements for the respondents and their colleagues in the adjoining room. After Shri Mahendra Singh had done that the respondents and their colleagues got themselves seated on the carpet, spread in the room. Shri Mahendra Singh D.E.O. invited the villagers to place their grevience. They moved an application Ex.P4 to him and complained that due to differences and disputes amongst the teachers the education of the children was adversely affected. They further complained of financial irregularities and required Shri Banwari Lal Head Master to place the accounts for their inspection. Shri Banwari Lal allegedly submitted that the higher authority was already there in the institution and they should make their complaint in that behalf to the D.D.E.O. and he might look into such complaints. This allegedly infuriated the respondents who cought hold of Banwari Lal Head Master and started beating him with fists and kicks. They dragged him outside of the room and assaulted him badly. The school staff came to the rescue of Shri Banwari Lal and he was booked in a room in order to save from sustaining further injuries at the hands of the respondents. The respondents then returned. Shri Banwari Lal Head Master submitted a written report Ex. P1 to the D.D.E.O. who forwarded the same to the police. A case under section 147, 332, and 353 Indian Penal Code was registered at Police Station Maundawar by PW 5 Ramdhan A.S.I. and after investigation PW 7 Subey Singh S.H.O. submitted a police report under section 173 Criminal Procedure Code against the present respondents numbering seven.

3. The learned Magistrate framed charges for offences under section 147, 353 and 332 Indian Penal Code against the respondents and on their pleading not guilty tried them according to law. The prosecution examined eight witnesses in all at the trial of the respondents. Shri Banwari Head Master, PW Shri Mahendra Bhardwaj D.D.E.O., PW 3 Sanwan Ram, PW 4 Khub Ram and PW 5 Ram Singh Asstt. Teachers in that institution at the relevant time stated all the facts, as stated above. PW8 Dr. Shri Chandra who had examined PW1 Banwari Lal Head Master at 7.30 A.M. on 10.4.81 at Primary Health Centre Mandawar stated to have found the following injuries on his person:

"1. Bruise C swelling 3 CM X 3 CM, on the right Parietal eminence, blunt.

2. Swelling C Bruise, 4 C.M. X 3 C.M. on the left parietal eminence.

3. Bruise 5 CM X 3 CM. On the right side back scapular region

4. Bruise C Swelling 3 C.M. X 2.5 C.M. (Three) on the left side back supra scapular region.

5. Bruise 2.5 C.M. X 2 C.M