JUDGMENT

H. C. P. Tripathi, J. - These 23 appellants have filed this appeal against their conviction and sentences under various sections of the Indian Penal Code recorded by the learned Temporary Sessions Judge of Mathura. Appellant Shyam Lal has been convicted under Sections 148 I.P.C., 323/149 I.P.C. and 325/149 I.P.C. and sentenced to 2 years R. I., one years R. I. and 5 years R. I. respectively. The other 22 appellants have all been convicted under Sections 147 I.P.C. 323/149 I.P.C. and 325/149 I.P.C. and sentenced to 1 years R, I., 1 years R. I. and 4 years R. I. respectively in each of the three counts. All the sentences have been directed to run concurrently.

2. The prosecution story, in brief, is as follows:

On January 19, 1961, election for the office of Pradhan was to be held in village Gidoh, police station Kosi, between the two rival candidates, Sanwalia Ram, a Brahmin by caste, and the appellant Shyam Lal, a Jat. Sri Nathu Ram Mandawat, M.A., L.T., had been appointed the Presiding Officer and he had reached the village in the evening of January 18, 1961 along with the other members of the polling staff. The polling was to be held in the Primary School building of the village situated at a distance of about 200 paces from the main abadi. Jagbir, the informant, who claims to have been a neutral, summoned a Panchayat at his Chaupal in the evening of January 18, 1961, which was attended by about 70 or 80 persons of both the parties with a view to find out a way to avoid the contest at the election. Shyam Lal along with his principal supporter Bhagwan Singh and his rival Sanwalia Ram also attended the meeting. As Sanwalia Ram appeared to enjoy the confidence of the majority of voters, the verdict of the Panchayat was that Shyam Lal should withdraw and allow Sanwalia Ram to be elected Pradhan without any contest. Shyam Lal did not agree with the decision of the Panchayat and angrily retorted that he would fight the election and would not allow Sanwalia Ram to become a Pradhan. He thereafter left the Panchayat along with his supporters. Jagbir states that he again summoned Shyam Lal in the evening at his I house and told him that nothing untoward should happen at the election and Shyam Lal was alleged to have assured him about the peaceful conduct of the Poll:

3. At about 3.30 a.m. (on the night between January 18 and 19, 1961) some thieves entered the school building and also succeeded in pilfering some movable property. Sri Mandawat, the Polling Officer, has stated that Bhagwan Singh along with a few more persons had approached him on the next morning and requested him to postpone the election as a theft had been committed at the polling station. However, Sri Mandawat expressed his inability to postpone the election. The prosecution suggestion is that as Shyam Lal had discovered that he was not likely to enjoy a majority at the poll, he wanted to have the election postponed on one pretext or the other.

4. On the 19th instant polling commenced at 10 a.m., and both the contestants were almost fairing equally with a slight balance in favour of Shyam Lall till 12 noon, when a large number of villagers reached the polling booths for casting their votes. Most of them are alleged to have been supporters of Sanwalia Ram. This upset Shyam Lal who apprehended his defeat as certain and, therefore, became anxious to prevent the smooth functioning of the election. Shyam Lal ran to Sri Mandawat and told him that irregularities were being committed by Sanwalia Ram and his supporters who had been canvassing at the polling station. Sri Mandawat made an enquiry into these allegations, and finding them baseless, told Shvam Lal that his accusations were false. Shyam Lal then incited his supporters not to permit the election to proceed any further. He went away towards the temple exclaiming that he would not allow the election to proceed in that irregular manner. This temple is situated at about 65 paces towards north-east of the school bui