MANGANA NAND Vs. STATE OF U. P.

JUDGEMENT

(1.) HEARD . This Revision, preferred under S.397 read with S.401 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 4-10-1988, passed by learned Additional Sessions Judge, Dehra - dun in Criminal Appeal No. 15 of 1985, whereby conviction under S.500 of Indian Penal Code, passed against the accused (present revisionist) by learned Munsif and Judicial Magistrate, Dehradun in Criminal Case No. 302 of 1984, is upheld.

(2.) PROSECUTION story in brief is that the complainant - Pyare Mohan Labru (P. W. 1) is a manufacturer of ink. Accused / revisionist - Mangana Nand is a Postman. In July, 1982, a letter appears to have been sent by one Shri S. K. Goyal, Advocate, addressed to complainant - Pyare Mohan Labru, which was to be handed over by the accused / revisionist to him for delivery of the same. But the complainant Pyare Mohan did not receive the registered letter on which the Postman (accused), recorded the following report of the envelope of the registered letter : - The complainant appears to have made a complaint, alleging that he has been defamed and insulted by the accused by making the aforesaid endorsement. On said complaint before the Magistrate, the trial Court after examining complainant and witnesses under S.200 and S.202 of the Code of Criminal Procedure, 1973, summoned the accused for his trial in connection with the alleged offence, punishable under S. 500 of Indian Penal Code, 1860. After recording the evidence adduced on behalf of the complainant and putting the same to the accused under S. 313 of the Code of Criminal Procedure, 1973, the trial Court recorded the evidence, adduced in defence, on behalf of the accused. The trial Court found that the accused Mangana Nand is guilty of the offence punishable under S. 500 of Indian Penal Code and sentenced him to two months simple imprisonment. Aggrieved by said order dated 9-4-1985, the accused preferred an appeal under S. 374 of Code of Criminal Procedure, 1973 before the learned Sessions Judge, Dehradun, which was registered as Criminal Appeal No. 15 of 1985. The said appeal appears to have been transferred to Court of Additional District and Sessions Judge, who after hearing the parties, upheld the conviction but modified the sentence from two months simple imprisonment to fine of Rs. 1,500/-. In default of payment of said fine, the appellate Court directed the appellant (present revisionist) to undergo two months simple imprisonment. This revision has been preferred against said orders.

(3.) IN the present case, the above mentioned endorsement made by the Postman (accused) is an admitted fact but in defence he has made attempts to explain by adducing evidence that on 27-7-1982, when he went to deliver the letter to the complainant, he was not found in his house again the accused (Postman) went to deliver the letter on 28-7-1982 and on that date complainant, Pyare Mohan misbehaved with him and hurled abuses at him. Further again on 29-7-1982, the complainant misbehaved and hurled abuses at the Postman (accused). Statements of D. W. 1 Prakashwati and D. W. 2 were got recorded on this point.