The act of pulling down and trampling on the National Flag is illegal within the meaning of Section 153 of the Indian Penal Code as it furnishes a good and valid cause for a civil action.

( 1. ) THIS is an appeal against the acquittal of the accused respondent Indarsingh of what was alleged by the prosecution to be an offence under Section 153 of the indian Penal Code.

( 2. ) THE facts found by the Courts below which we see no reason to doubt, are as follows: There was a flag hoisting ceremony at the Ordnance Factory, Khamaria, on 15-8-1955 when Shri Keshwani, Superintendent, Ordnance Factory, Khamaria, hoisted the National Flag. Indarsingh was present at the said ceremony. There was also a gathering of about 250-300 persons to witness the ceremony. After the ceremony was over and the gathering was about to disperse, the accused respondent came and unfastened the string of the National Flag. The flag came down and the accused-respondent started trampling over it. Deolalikar (P. W. 1)saw this. He immediately went over to the place and rehoisted the flag. He then asked the accused-respondent why he had brought the flag down. The accused-respondent replied that he had already burnt the National Flag some days before and that he had deliberately brought the National Flag down. The accused-respondent also told Subedar Khori (P. W. 4) when he had caught hold of him that he had burnt the National Flag two months back and. why was he hoisting it again, a large crowd enraged because of this insult to the National Flag had gathered round the accused and but for the promptness of Deolalikar (P-W. I) in handing over the accused-respondent to Subedai Khori (P. W. 4) and later to Station officer, Khamaria, Sonakia (P. W. 3), a serious riot may have occurred and the accused-respondent badly manhandled.

( 3. ) THE accused-respondent was prosecuted under Sections 153, 504 and 506, I. P. C. He was convicted under Sections 153 and 504, I. P. C. by the trial Court, but the learned Additional Sessions Judge acquitted him of the offence under Section 153, I. P, C. The State Government has filed this appeal againt the acquittal of the accused under Section 153, I. P. C.

( 4. ) THE accused-respondent denied the whole incident and pleaded that he had been falsely implicated. In our opinion, there is overwhelming evidence of the fact that the incident found established by the Courts below did take place. The evidence of P. W. 1 to P. W. 5 has been believed by the Courts below and we see no reason to doubt that testimony. Nothing has been brought out On record to suggest that these prosecution witnesses would falsely implicate the accused-respondent as being responsible: for the acts attributed to him. The question that arises for consideration in this appeal is whether on these facts the act of the accused in pulling down the National Flag of the Ordnance Factory, Khamaria, and trampling on it, can he said to be punishable under Section 153, I. P. C

( 5. ) SECTION 153, I. P. C. is in the following terms:

"whoever, malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting foe not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both. "

( 6. ) THE ingredients necessary to establish the offence are :

1. That the accused did an act which was illegal. 2. That he thereby gave provocation to any person. 3. That he did this malignantly or wantonly. 4. That he did this (a) intending that the provocation will cause the offence of rioting to be committed or (b) knowing it to be likely that such provocation will cause the offence of rioting to be committed.

( 7. ) BOTH the Courts below have found the ingredients 2 to 4 well established from the evidence on record. There is ample evidence that the act of the a