K V GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was convicted by the Additional First Class Magistrate, Ottapalam under S.51A of the Kerala Police Act (Act 5 of 1961) and sentenced to pay a fine of Rs. 45/- in default to simple imprisonment for 2 days. The revision to this court is against the conviction and sentence.

(2.) On 21-6-1971, the Sub Inspector of Police, Shoranur laid a charge against the petitioner alleging that at about 8.45 PM. on 18-6-1971 the petitioner went to the Shoranur Police Station and indulged in a violent, riotous, disorderly and indecent behaviour towards the Police uttering the following words directed against Pw. 2, the Police Constable who was on guard duty outside the Police Station: "Are you not Mohamed Koya's man Is the Sub Inspector inside Let me tell him about you. Where is the post mortem certificate of the dead body of a person lying in the Kozhissery forest I wanted to see it; if not I will enter inside and take it." On hearing these words, Pw. 1, the Sub Inspector was alleged to have sent the charge against the petitioner to the Magistrate. In terms of the charge, Pws. 1 and 2 gave evidence before the Court.

(3.) The petitioner stated that as the local reporter of the 'Thaniniram' which is a Malayalam daily newspaper published at Trivandrum, he went to the Police Station as usual to get reports of incidents which took place within the jurisdiction of the Police Station. He had also stated that on account of the previous publications Exhibits D1 and D2 on 9-9-70 and 24-9-70 in the 'Thaniniram' making allegations against the Shornanur Police, the Sub Inspector and other Police Officers were at loggerheads with him and that the case was foisted on him without any basis. He denied having behaved in a violent, riotous, disorderly and indecent manner and stated further that he is not guilty of any offence.