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J. R. MUDHOLKAR, A. K. SARKAR, N. RAJAGOPALA AYYANGAR, S. R. DASS, B. P. SINHA
Kedar Nath Singh: State Of W. B. : State Of War Pradesh: State Of War Pradesh: Atitorney General For India – Appellant
Versus
State Of Bihar: Mohd. Ishq Ilmi: Ram Nandan: Paras Nath Tripathi: State Of Bihar – Respondent
Judgment
SINHA, C.J.I. : In these appeals the main question in controversy is whether Ss. 124A and 505 of the Indian Penal Code have become void in view of the provisions of Art. 19(1)(a) of the Constitution. The constitutionality of the provisions of S. 124A, which was mainly canvassed before us, is common to all the appeals, the facts of which may shortly be stated separately.
2. In Criminal Appeal 169 of 1957, the appellant is one Kedar Nath Singh, who was prosecuted before a Magistrate, 1st Class, at Begusarai, in the district of Monghyr, in Bihar. He framed the following charges against the accused person, which are set out in extenso in order to bring out the gravamen of the charge against him :
"First-That you on 26th day of May, 1953 at village Barauni, P. S. Teghra (Monghyr) by speaking the words to wit,
(a) To-day the dogs of the C. I. D. are loitering round Barauni. Many official dogs rare sitting even in this meeting. The people of India drove out the Britishers from this country and elected these Congress goondas to the gaddi and seated them on it. To-day these Congress goondas are sitting on the gaddi due to mistake of the people. When we drove out the Britishers, we sh
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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