KISHOR Vs. THE STATE

JUDGEMENT

(1.) THE petitioner in this petition filed under Section 397 of the Criminal Procedure Code seeks to set aside the order of conviction and sentence dated 15.10.2014 passed in Sessions Case No. 41/2013 by the Prl. Sessions Judge, Bidar and to acquit the petitioner.

(2.) LEARNED counsel for the petitioner submits the impugned order passed by the trial Court sentencing the petitioner to undergo imprisonment of three months is contrary to well established principles governing the criminal law and hence deserves to be set aside.

(3.) THE learned Additional SPP appearing for the respondent -State submits the petitioner who had gone to the Court below to give evidence as C.W. 13 by consuming alcohol had misbehaved with the Public Prosecutor and the Police and caused interruption to the judicial proceedings which was witnessed by the Public Prosecutor, advocates and police who were present in the Court hall. The conduct of the petitioner in the open Court was highly condemnable. Therefore, the Sessions Court was justified in holding that the ingredients of Section 228 of IPC are proved and attracted and sentencing the petitioner to undergo imprisonment for a period of three months. Hence, the impugned order does not call for interference of this Court. With this, he prays for dismissal of the petition.