The true criterion for determining whether an offense under section 121 of the Indian Penal Code had been committed was the object of the gathering. If the object was to attain by force and violence an object of a general public nature, thereby striking directly against the King's authority, then the offense was committed.

Hemeon, J—The appellant Maganlal, Marwadi, has been convicted and sentenced to undergo transportation for life under section 121 of the Indian Penal Code, section 307 ibid and Defence of India Rule 35, 10 years' rigorous imprisonment under section 397 of the Indian Penal Code, 10 years' rigorous imprisonment and a fine of Rs. 2,000 under section 436/149 and two terms, each of 2 years' rigorous imprisonment, under sections 147 and 353 ibid, in Sessions Trial no. 37 of 1944 by the Additional Sessions Judge, Nagpur. All the sentences run concurrently. In the same trial Mallu Koshti was convicted and sentenced under section 121 of the Indian Penal Code to undergo transportation for life, under section 307/149 ibid, to 8 years' rigorous imprisonment, under section 436/149 ibid, to 8 years' rigorous imprisonment, under section 395 ibid, to 5 years' rigorous imprisonment and under section 147 to 2 years rigorous imprisonment, all the sentences running concurrently, and his appeal, viz., Criminal Appeal no. 73 of 1945 will be considered in this judgment.

2. Maganlal and his elder brother Champalal are the owners of a moneylending firm in Hansapuri mohalla, Nagpur, as well as a field and a house in mouza Baroda which is about 16 miles from Nagpur and 6 miles from mouza Maudha. The appellant Mallu, who is a wrestler, resides in Maudha where he deals in handloom cloth and Shamlal Nai (who was acquitted in the trial) is an ex-constable of police who lives in Nagpur.

3. The prosecution case is briefly stated as follows. Maganlal and Shamlal Nai were the organisers and officers of the Hindusthan Red Army, the head office of which was in Nagpur in front of the former's house. There were branch offices at Umrer and other places close to Nagpur. Its flag was a red flag with a hammer and sickle on it and the uniforms consisted of red shorts and khaki shirts bearing on the shoulders a metal badge with the letters H.L.S., i.e., the initials of the words ''Hindusthan Lal Sena''. The officers wore Sam Brown belts, topees, boots and stockings with or without puttees. The strength of this force was about 200 and on certain occasions, e.g., Jalianwala Bag and Independence Days it used to go on route marches under the command of its officers including Shamlal Nai and Shyamnarayan Kashmiri. Among their slogans was ''Inkilab Zindabad'' (Long Live Revolution) and Maganlal and Shamlal addressed public meetings, one on the 23rd of September 1939 at Umrer and the other, presided over by V.S. Dandekar, on the 25th June 1940 in Chitnavis Park, Nagpur, in which they stressed the weakness of the British forces on the continent of Europe and exhorted their listeners to seize the opportunity and secure India's independence. In the last week of July 1942 Maganlal went to Maudha and under the pretext of relieving the extensive damage caused by the Kanhan floods raised a Sctnrakshak Dal consisting of about 100 volunteers who were when the time came to mobilise on the blow of a whistle. On the 12th of the following August the police outpost of Circle no. 4 Nagpur, was burnt down and next morning Balgovind, constable, who was attached to that outpost was killed. Three muskets nos. 438, 445 and 447 and 60 rounds of ammunition were removed by the raiders.

4. That evening Maganlal and Shamlal went to Baroda and on the following morning, viz., Friday the 14th August 1942, they conspired with the people of that village to deal with the Maudha station-house in the same way. In pursuance of this arrangement pits were dug in the road between Baroda and Maudha, the Kanhan bridge and culverts were broken and big trees were placed across the road in order to sever communication with Nagpur. Babulal Gupta and others were despatched to Maudha in order to assemble a force for the attack on the station-house ; others were posted at the Kanhan bridge in order to prevent communication with Nagpur and Maganlal and Shamlal who were each armed with a gun and Baliram who was armed wit