PADAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. This criminal revision by Padam Singh and Ujagar Singh was admitted on the point of sentence only. Having heard learned Counsel for the revisionists and having perused the lower appeallate Court judgment I am of the view that this revision should be disposed of on merits of the case.

(2.) PROSECUTION case against the revisionists was that on 4th October, 1983 at about 2 p. m. complainant Sml. Chandrawati and her son Malkhan Singh were looking after a grove. Revisionists appeared on the scene and said to the complainant that a sum of Rs. 150/- was due against her husband and she should pay the same. Complainant said that the money was not due from her and the same should be demanded from her husband. Then, the revisionists started hurling abuses at the complainant who asked them why they were hurling abuses. At this revisionists assaulted the complainant with Lathi Danda. Both the lower Courts accepted the prosecution evidence and convicted the revisionists with offences under Sections 323, 504 and 505, I. P. C. Trial Court sentenced the revisionists to fine of Rs. 200/- each under Section 323, I. P. C. fine of Rs. 100/- each under Section 504, I. P. C. and fine of Rs. 500/- each under Section 506, I. P. C. Learned Lower appellate Court confirmed the sentences of the revisionists.

(3.) IN the instant case the prosecution story is that the revisionists demanded mony due to the husband of the complainant and on her assertion that money may be demanded from the husband from whom it was due, the revisionists hurled abuses upon the complainant. A lady may be weak or helpless. Even then there can be no presump tion that she cannot be provoked to commit an offence or breack public peace. Even if abuses are hurled on a woman she may become violent and may loudly retaliate by abuses. That too would constitute breaking the public peace. I hold that by hurling abuses offence under Section 504, I. P. C. was committed.