Judgment

MISRA, J.:- The present appeal by special leave has been filed by the State of Maharashtra against the judgment of the Bombay High Court dated 18th. of Sept., 1974

2. The incident giving rise to the present appeal took place on the 30th of July, 1972 in connection with an election to the Panchayat Samiti for the Nere constituency scheduled to be held on 31st of July, 1972. The Peasants and Workers Party as well as the Congress Party fielded their own candidates for that election. The candidate for the Congress Party was one Meghnath Mankame. It appears that in connection with their election campaign thirty or forty workers of the Congress Party had proceeded to Dhamani village on the morning of 30th of July, 1972. After contacting some voters there they were returning to Nere along with some of the voters. According to the prosecution an understanding had been arrived at between the rival parties to the effect that their respective workers would not carry voters with them. Contrary to the understanding the workers of the Congress Party were carrying some of the voters with them on their way back from Dhamani. When the workers of the Congress Party along with those voters rea