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Judgment
Krishnan, J.—It is argued that the conviction u/s 147, Indian Penal Code, was wrong as no force or violence was used to any person and
that the accused are guilty u/s 143 only. The definition of force is given in Section 349 of the Indian. Penal Code. Now these accused are found to
have gone and beaten on the door when the complainant fled away to save himself from being beaten and shut himself up in his room. Whatever
difficulty there may be in bringing the action of the accused within the definition of force it is clear they used violence which is sufficient u/s 146 of
the Indian Penal Code, to make their offence rioting. This view is supported by the ruling in Sama Ruddi v. Emperor ILR (1912) Cal. 367 where it
was held that the word violence was not restricted to force used against persons only but extends also to force against inanimate objects. The
accused were therefore rightly convicted u/s 147 of the Indian Penal Code.
The fines however seem to me to be excessive in the case of Pariah accused Nos. 4 to 14. Their fines will be reduced to Rupees 10 each; in
default two weeks rigorous imprisonment. The sentence of the others are confirmed. Excess fines if collected would be refunded.