This is a revision which has been preferred against the acquittal by the Judicial Sub-Magistrate, Kiranur, in C.C. No. 638 of 1956.

The case for the prosecution was that on 20th May, 1956, at about 7-30 a.m., near Mothudayanpatti, the accused armed with sticks, formed themselves into an unlawful assembly with the common object of assaulting and causing hurt to Armugham Solagar (P.W. 1) and his men and in pursuance of that common object, the accused committed the offence of rioting and in the course of the rioting injuries were caused to P.Ws. 1 to 3, 5 and 6.

This is a police prosecution and in support of the prosecution case as many as 13 witnesses were examined. Out of these 13 witnesses P.Ws. 1 to 3, 5,6, 8,9 and 13 are eye-witnesses. P.Ws. 1 to 3, 5 and 6 are the injured persons. P.W. 9 is a servant of P.W. 7, and P.W. 13 turned hostile.

The case for the accused was as follows: Accused 1 to 14 and 16, stated that they did not beat P.Ws. 1 to 3 and 5 and 6. Accused 15 stated that he did not instigate the other accused to beat P.Ws. 1 to 3, 5 and 6.

On behalf of the accused, three witnesses were examined and their evidence has been summarised by the Sub-Magistrate in paragraph 1