STATE OF U.P. Vs. PYARE LAL

JUDGEMENT

(1.) This is an appeal by the State of Uttar Pradesh Under Sec. 417(1) Code of Criminal Procedure against the appellate order of the Sessions Judge Orai dated 7 -9 -1968 acquitting the accused for an offence Under Sec. 480 Code of Criminal Procedure and setting aside the sentence of a fine of Rs. 100/ - imposed upon him by the trial court.

(2.) Briefly stated, the facts of the case are that Sri Bramha Deo was both the SDM as well as the SDO Orai. On 13 -8 -1968 he was taking up Case No. 38 Gram Sabha v/s. Mori Lal and Ors. Under Sec. 198 of the UP ZA and LR Act. The statement of Piarey Lal son of Ram Deen, who was the Pradhan of the Gaon Sabha was recorded and he was also cross -examined on behalf of the opposite party. While this case was proceeding Sri Bramha Deo asked Piarey Lal as to how many Farzi Pattas had been executed in his Gaon Sabha. Piarey Lal replied "Yeh Farzi Pattay hazoor nay hi karwayay hain." Sri Bramha Deo considered the uttering of these words to be an intentional insult amounting to contempt of his court. As such he drew up proceedings Under Sec. 480 Code of Criminal Procedure against opposite party Piarey Lal. He examined Piarey Lal by putting the following question to him:

(3.) Piarey Lal filed Cr. A. No. 141 of 1968 in the Court of the Sessions Judge Orai. Two main points which found favour with the lower appellate court were as follows: