MANZOOR ALI KHAN Vs. ATEEQ AHAMED

JUDGEMENT

(1.) This Revision Petition is preferred under Section 397 read with Section 401 of the Cr. P.C. by the petitioner against the order of the learned Additional C.J.M., Shimoga, dated 31-8-1979 in C.C. No. 2728/1975 convicting the petitioner for an offence punishable under Section 298 of I.P.C. and sentencing him to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 1,000/- and in default to suffer simple imprisonment for one month and also against the Judgment dated 8-1-1987 of the learned Sessions Judge, Shimoga, in Criminal Appeal No. 62/1979 filed by the petitioner, confirming the conviction of the petitioner and reducing the sentence to one of fine only.

(2.) I have heard the learned counsel for thepetitioner, the learned counsel for the Respondent No. 1 and the learned Government Pleader for Respondent No. 2 and perused the records of the case.

(3.) Respondent No. 1 filed a complaint inthe Court of Additional C.J.M., Shimoga against the petitioner and 14 other persons alleging that the petitioner in his meetings held on 27-5- 1975, 28-5-1975, 31-5-1975 and on 4-6-1975 in various places in Shimoga Town made speeches and made some remarks with intention to would the religious feelings of the particular sect and thereby he has committed an offence punishable under Section 298 of IPC. The learned Magistrate after recording the evidence and hearing both sides convicted the petitioner for the said offence and sentenced him to undergo rigorous imprisonment for one year and a fine of Rs. 1,000/-. The petitioner challenged the said order in Criminal Appeal No. 62/1979 in the Court of the Sessions Judge, Shimoga. The learned Sessions Judge confirmed the conviction but reduced the sentence to one of fine only. Against the said orders of the Courts below, the petitioner has preferred this Revision petition.