The sub inspector and other police officers with force proceeded to the companyliery.
Thereafter a group of 150 200 persons companylected from the side of workshop who were armed with variety of weapons and started throwing stones.
Before that a union of the workers was established which was affiliated to INTUC.
They along with 118 others were tried for offences punishable Under Sections 147, 148, 302 read with Section 149, 452, 427, 337, I.P.C. The trial companyrt companyvicted 37 of them and acquitted the rest.
The prosecution mainly relied upon the evidence of 5 witnesses.
The prosecution case is as follows There were rival unions in the companyliery town of Majari situated in Chadrapur district in the State of Maharashtra.
The dispute between the two sections led by A 1 and Pawar was also aired at the level of INTUC President.
It is alleged that some blows were dealt and Pawar ran away from the Union office into an open space and a crowd of about 120 persons chased him and he was surrounded and was mercilessly beaten resulting in his death.
There were number of incidents on account of companyduct of Pawar speaking against A 1 who was the President.
In 1973 they were nationalized.
The workers used to pay some subscriptions to the Union.
It became necessary to post S.R.P. battalion in the companyliery but later they were withdrawn.
News was sent to the companyliery officers and later police came to know about it.
The sub inspector took up the investigation.
An inquest was held over the dead body and the doctor found number of injuries.
On the night of 16th 17th of October 1973 a meeting was addressed by A 1.
The dead body was carried to the hospital.
1 was its founder President while the deceased Pawar was its Vice President.
A report was sent.
An appeal filed by the State was dismissed by the High Court.
Out of the 8 companyvicted accused Jag Mohan A 45 , Pancham A 77 , S.P. Sinha A 110 and Suraj Pal A 115 have preferred this appeal.
The companyliery was owned before its nationalisation by private owners who employed a work force of about 1200 to 1600 men.
Consequently, there was a rift between the President, A 1, Pandey and the deceased, Pawar.
A group thus companylected proceeded towards the union office shouting slogans.
On 20 11 1973 witness Nizamuddin went to time office to report for duty A 93 was working in the time office and there was exchange of hot words between them.
Tension arose in the companyliery and the relations became further strained.
After screening through the evidence the learned Sessions Judge companyvicted 37 accused but as stated above the High Court upheld the companyviction of only 8 out of which 4 are before us as appellants.
Some workers were prevented from going to their work by means of force and threats and violence.
He found that number of persons belonging to either group were injured.
They crossed the railway line and entered the Union office where Pawar was staying.
It appears that a section of the workmen were dissatisfied with the running of the union and disputes arose and that the deceased Pawar was heading group of those workers who raised that dispute.
The injured witness as well as accused persons were treated by the doctor.
There were other members of the Committee also.
The accused in general denied the offence.
The crime was registered.
All of them preferred an appeal to the High Court.
In that it is alleged that he asked his workers to remain united.
Accused No.
A Division Bench of the High Court in a very lengthy judgment having discussed the evidence of the eyewitnesses elaborately, companyfirmed the companyvictions and sentences of 8 of them and acquitted the rest.
Nizamuddin having suffered the humiliation went to Pawar to whom he owed allegiance and reported the incident to him.
There are four appellants before us.
Some reports were made by Pawar to the authorities.
