SANT RAM BHATIA Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed by Sri Sant Ram Bhatia. The Petitioner was convicted for an offence under Sec. 228 of the Indian Penal Code read with Sec. 480 of the Code of Criminal Procedure by one Sri S.N. Sharma, Magistrate 1st Class, Judicial Officer (City) Kanpur. The sentence awarded to him is fine of Rs. 200/ -.

(2.) Against that order of conviction there was an appeal preferred by the Petitioner which was dismissed by the Civil and Sessions Judge, Kanpur by his order dated 7th August, 1965. The relevant facts which emerge from the affidavit filed by the Petitioner in the court below and which have been accepted by the learned Sessions Judge are as follows:

(3.) That the words spoken by the Petitioner were capable of causing insult to any person cannot be open to any doubt. Further it is also not open to any doubt that the Magistrate was a public servant and that he was sitting at some stage of a judicial proceeding. The only question, therefore, that arose in this case was whether the words that were spoken by the Petitioner were spoken with the intention of offering insult to such a public servant.