BEECHE RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS Criminal Revision has been preferred against the judgment and order of the XVth Additional Sessions Judge Kanpur, dated 26-7-1984 thereby upholding the conviction of applicants by the trial court under section 353 of Indian Penal Code to undergo imprisonment till the rising of the court aswell as to pay a fine of Rs. 100/- each.

(2.) BRIEFLY stated the facts of the case are that on 25-7-1981 in the forenoon in between 10.15 A. M. to 1.30 P. M. when Sri R. S. Agarwal, Executive Engineer was sitting in his Divisional Office situate in Panki Power project for discharging his official duties the four applicants alongwith some others entered his office, assaulted him and used criminal force to prevent him from discharging his duties as such public servant and simultaneously they insulted thereby intending to breach the peace and criminally intimidated him to be dealt with dire consequences and threatened him to cause grievous hurt. Shri R. S. Agarwal made a written report of the incident in the police station Kalyanpur and the case was registered and investigated and the applicants were charge-sheeted and they were tried by the Metropolitan Magistrate, Joohi, Kanpur, who convicted them under sections 353, 504 and 506 IPC and sentenced them to pay a fine of Rs. 100/- each under section 353 IPC and sentence of imprisonment till the rising of the court, sentenced them to pay a fine of Rs. 75/- each under section 504 IPC, imposed fine of Rs. 75/- each under section 506 IPC and in default of payment of fine they were to undergo two months simple imprisonment. The applicants preferred appeal against this order which was ultimately partly allowed by the XVth Additional Sessions Judge Kanpur on 26-7-1984. The XVth Additional Sessions Judge, Kanpur, allowed their appeal so far as punishment under sections 504 and 506 IPC was concerned. He set aside the conviction for the aforesaid offences. But he dismissed the appeal of the applicants against their conviction under section 353 IPC and upheld the order of the Magistrate sentencing the applicants to undergo imprisonment till the rising of the court and to pay a fine of Rs. 100/- each and in default of payment of fine to undergo simple imprisonment for two months. Aggrieved by this order the applicants have preferred this revision.

(3.) APPLICANT Vikramaditya and Subeydar took wooden stool to throw at Sri R. S. Agarwal, the complainant and applicant Adya Shanker Sharma took out his shoes and threatened the complainant with dire consequences when he would go out of his office. Both the courts below have recorded concurrent findings on this fact. The aforesaid acts of these applicants do amount to assault on R. S. Agarwal, the Executive Engineer (A public servant) while he was discharging his public duty as discussed above. They are, therefore, found guilty of the charge under section 353 IPC. The allegation against applicant Beecheram is only that he abused the complainant which offence has been found by the Sessions Judge not to have been made out. According to explanation to section 351 IPC mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault. As regards applicants Beeche Ram neither the words are mentioned nor there is any allegation of gesture or preparation against him. He is found not guilty of the charge under section 353 IPG.