AI Structured Summary
Not yet generated for this judgment
Judgment
We are unable to agree with the learned Sessions Judge that the present case is covered by In the matter of Ramaya Naika ILR (1903) M.
What was decided by the Full Bench in that case was that the word assistance in the first portion of the section must be read as being
ejusdem generis with the same word occurring in the latter portion of the section. In the present case, the accused were called upon to assist the
Salt Inspector in making a search. u/s 103 of the Code of Criminal Procedure, he is authorized to call upon the villagers to assist him in the
execution of that duty. The last sentence of Clause (2) of Section 103 suggests that while the rendering of assistance in making the search is
imperative on the persons called upon to assist, they are not compellable by the Inspector to attend the Court to give evidence without a summons
in that behalf. Therefore the duty for discharging which these accused were requisitioned by the Inspector was ejusdem generis with that mentioned
in the second clause; consequently, the refusal of the accused to assist the Inspector is an offence punishable u/s 187 I.P.C. The conviction is
therefore right. The papers will be returned.