In Re: Venkatasubbier and Others

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

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 en 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 Samaruddin v. Emperor 40 C. 367 : 13 Cr.L.J. 821,

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 the Pariah accused Nos. 4 to 14. Their fines will be reduced to rupees ten each,

in default two weeks'' rigorous imprisonment. The sentences of the others are confirmed. Excess fines, if collected, would be refunded.