DEVASSY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner was convicted by the Second Class Magistrate, Mukundapuram, under S. 51 of the Police Act, (Act II of 1952) and sentenced to pay a fine of Rs. 25/-. After unsuccessfully appealing against his conviction to the District Magistrate, Trichur, he has now approached this Court in revision.

(2.) THE charge against the petitioner was that on 1310-60 at about 3 P.M. he "behaved in a violent and disorderly way" towards the witness No. 2 Kunjunny on the verandah of the Court house while being escorted out of the court by two Police Constables. THE words alleged to have been used by the accused are "You don't know me. I will set you right. Be careful-You and your witnessing." THE witnesses, who swear to have been present when the accused said these words do not say that he did anything more than utter them. P. W. 2 the person to whom the words were addressed does not say that he felt threatened, frightened or even annoyed in anyway. THE evidence does not even disclose that the accused talked in an unusually loud voice or that he used any violent gesticulation.

(3.) IN view of the above finding the contention that the accused should have been proceeded against under the Prisons Act and not the Police Act need not be considered.