VENKATARAMAIAH S Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 1. The short point that tails for determination in this Revision Petition is : Whether the utterance of the words by the petitioner to one S. Jayarama Rao (P.W. 3). within the meeting hall of the Land Tribunal, Pandavapura, in the course of the proceedings of the Land Tribunal, amounts to the offence of public nuisance punishable under Section 290 I.P.C.

(2.) It has arisen in this way : Petitioner is the younger brother of P.W. 3 S. Jayarama Rao. It appears there was a case between them before the Land Tribunal, Pandavapura. It had been posted for hearing on 15-11-1984. In the said case, petitioner was being cross examined by P.W. 3. Being irritated and upset by certain questions put by P.W. 3 to the petitioner, petitioner appears to have uttered the words "a^i, iSid.an ;?=; sire 33ft oSe*,' iSfE" and those words Were obviously directed to P.W. 3 and not to anybody else and while uttering those words, the petitioner appears to have misbehaved. 11 respect of that incident, a petty case charge-sheet was by Pandavapura Police against the petitioner in the Court of the Addl. Munsiff & JMFC, Srirangapatna, in C.C. No. 865/84 The statement of accusation that was read out and explained to the petitioner by the learned Magistrate reads thus : <IMG>JUDGEMENT_197_KANTLJ1_1989Image1.jpg</IMG>

(3.) Petitioner pleaded not guilty to the said accusation. Thereupon, Sri B S. Palaksha, Chairman of the Land Tribunal was examined as P W. 1. Sri B.K. Javarappa, a member of the Land Tribunal was examined as P.W. 2. Complainant S. Jayarama Rao was examined as P.W.3 and Head Constable H S Chinnabuddi of Pandavapura Police Station was examined as P W. 4 Petitioner did not adduce any evidence by way of his defence which was one of total denial of the prosecution case On an appreciation of the said evidence, the learned Magistrate by an order dated 14-8-1987, held the petitioner guilty of the offence under Sec. 290 I.P.C., convicted him for the said offence a'ld sentenced him to pay a fine of Rs. 10O/- or in default to pay the fine amount to suffer simple imprisonment for 10 days.