The judgment established the principles of unlawful assembly, rioting, and vicarious liability under the Indian Penal Code, emphasizing the careful scrutiny required in determining the guilt of the accused.

1. This is a criminal appeal filed on behalf of nine persons (1) Durga Das, (2) Banarsi Das Gupta, (3) Chaila Ram Garg, (4) Kewal Krishna Gupta, (5) Chaman Lal Bhatia, (6) Ram Baran, (7) Sukhdev, (8) Agya Ram and (9) Amar Nath, residents of Yamuna Nagar, District Ambala, from their convictions under S. 147, and S. 332 read with each accused has been sentenced to six months rigorous imprisonment. The sentences for the two offences were ordered to run concurrently.

2. The charge against the accused was that on or about 30-3-1958, at Yamuna Naga, they were members of an unlawful assembly and in prosecution of the common object of which they pelted stones on the police officers, present at the Police Post Yamuna Nagar and thereby committed an offence punishable under S. 147 of the Indian Penal Code.

3. The second charge was that they on or about 30-3-1958, at Yamuna Nagar, were members of an unlawful assembly and in prosecution of the common object of which, they voluntarily caused simple hurt by pelting stones at 13 police officers, including the Superintendent of Police, a Head constable, and foot constables, and thereby committed an offence punishable under S. 332 read with S. 149 of the Indian Penal Code.

4. There was also a third charge under S. 436, Indian Penal Code, but they were not found guilty under it.

5. Originally sixteen accused were prosecuted to stand their trail but seven of them were given the benefit of doubt and acquitted. The remaining nine were convicted and they have come up in appeal to this Court.

6. One Chohal, a Harijan, had died under suspicious circumstances while in the custody of the police. He was suspected to have been tortured to death by the police and his father Sonu wanted to get a criminal case registered against ht offender police officer but his efforts were said not to have borne any fruit. He approached two public men, Durga Das and Chaman Lal Bhatia, accused, who accompanied Sonu to the residence of the Sub-Divisional Magistrate Shri J. D. Khanna P.W. 2, and presented a written complaint to him at his residence on 30-3-1958, and he ordered an inquiry into the subject-matter of the complaint under S. 202 of the Code of Criminal Procedure.

7. That Chohal had been done to death in consequence of torture while in police custody was generally believed and his death had greatly agitated the public of Jagadhri and Yamuna Nagar. A large number of people had gathered near the hospital when the doctor in charge was performing autopsy. There was also a demand that the post-mortem examination should be done by a Civil Surgeon and not by the Assistant Surgeon (P.W. 1). After the autopsy, the body was made over to the relations of the deceased for cremation and a very large crowd accompanied the body from the hospital to Yamuna Nagar where it was to be cremated.

It was 5 p.m. that the funeral procession left the hospital and there was a very large concourse of people following the body. They were undoubtedly in an angry mood as appears from their slogans which were being raised against the police. One of the slogans was "Punjab police murdabad" and the other slogan was "Bar jo ke apne chaman ki hifazat nahin kar sakti us ko ukhar do" (Uproot the hedge which cannot protect its garden). The reference obviously was to the police.

8. The prosecution case was that among the accused-appellants, Durga Das, Chaman Lal Bhatia, Banarsi Das, Chaila Ram, Kewal Krishnan, and Sukhdev were the leaders. The numbers swelled as the procession reached Yamuna Nagar Police Post to a good few thousand people. In anticipation of an outbreak of disturbance, there were present at the police post, P.W. 2 Shri J. D. Khanna, Sub-Divisional Magistrate, Jagadhri, and also the Superintendent of Police, and the Assistant Superintended of Police, Ambala, with some police force.

The procession was raising slogans against the police and when it came in front of the Police Post Yamuna Nagar, it stopped. The leaders of the proces