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1948 Supreme(Mad) 3

GOVINDA MENON
Chinnayya Goundan and others, In re. . . . . . In Re. – Appellant
Versus
. – Respondent


Advocates Appeared:
N. Somasundaram and P. Rajamanickam for Petitioners.
The Public Prosecutor (V.L. Ethiraj) on behalf of the Crown.

Order.-

This is an application to revise the appellate order of the Sub-Divisional Magistrate, Namakkal, confirming the conviction and sentence passed on the 25 petitioners herein, of an offence under section 143 read with section 188, Indian Penal Code and the sentence of a fine of Rs. 100 on each of the petitioners.

On the 13th and 14th January, 1946, the Sub-Magistrate of Attur passed orders under section 144, Criminal Procedure Code, restraining all the petitioners who belong to one of the factions in the Keeripatti village in Attur taluk from conducting the ‘bull play’ in connection with the Pongal festival in a village temple. In defiance of this prohibitory order, the petitioners formed themselves into an unlawful assembly and in spite of the warning given by the police officers on the spot, conducted the ‘bull play’ on the occasion of the festival. For this offence, they were charge-sheeted for being members of an unlawful assembly with the common object of committing an offence, viz., the defiance of the order under section 144, Criminal Procedure Code, which itself is an offence under section 188, Indian Penal Code, tried and convicted and sentenced to the fines above state







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