NARSAYYA LACHMAYYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant Narsayya was convicted and sentenced to 6 months' rigorous imprisonment under Section 332, Penal Code, for causing hurt to Pandharinath (P. W. 4), a public servant in execution of his duties. His conviction and sentence were upheld in appeal by the 1st Additional Sessions Judge, Akola.

(2.) THE applicant is a resident of Malipura in Akola. He occupied the first storey of the building belonging to Harroon Seth. Mst. Gangu is his wife and Mst. Laxmi Is his daughter. Laxman is his son. On 5. 10. 1950, separate proceedings under Section 107, Criminal P. C. were started against the applicant, the members of his party and the party of Laxman Dhobi of Nawabpura. An application was made for issuing warrants of arrest. Shri J. Y. Deshmukh, magistrate first class, issued the warrants under Section 114 of the Code for the arrest of the applicant and the members of both the parties. The warrant against the applicant is Ex. P-22. Pandharinath, who was Station Officer to rifle range, Akola, within whose jurisdiction the applicant lived, received the warrant Ex. P-22 and some other warrants for execution on the same date in the evening. He went to the house of the applicant at about 7. 30 p. m. for arresting him. He took with him Baburao (P. W. 8) and some constables.

(3.) THE case of the prosecution briefly stated is as follows. The applicant was in his house. Pandharinath told him that there was a warrant of arrest against him and asked him to come out of the house. The applicant came out to the gallery of the first floor and started abusing him. Pandharinath told him that it was no use abusing him as the warrant was issued by a magistrate and he was entrusted with the duty of executing it. The applicant, however, continued to abuse him. A big crowd gathered there Pandharinath, therefore, sent telephonic message to the District Superintendent of Police and the Town Inspector B. P. Dubey (P. W. 13) to send additional police force for help. Narsanna (P. W. 2 ). sub-Inspector, Amarpalsingh (P. W. 6), head constable, Abdul Kuddus (P. W. 3), head constable, and other police officials went to the spot. Later Abdul Rahim (P. W. 5) and B. P. Dubey also proceeded to the spot. The latter told the applicant that there was a warrant against him and that he should surrender. The applicant persisted in abusing them and stones were thrown from his house. The police officials were hit by the stones. Dubey asked Pandharinath to break open the door and effect his arrest. Pandharinath went up followed by S. I. Deshmukh, Abdul Kuddus, Amarpalsingh and some constables. The door of the upper storey was closed from inside. He knocked the door for about ten to fifteen minutes. The applicant, however, suddenly opened the door and gave a kick to him with the result that he rolled down the stair-case. Thereafter the door of the house was opened by means of a hammer. Pandharinath with some persons entered the room. The applicant attacked him with a stick. The members of his family had also joined in attacking the police party. The applicant was arrested and brought down. As he had injuries, he was taken to the hospital in a bus Pandharinath made a report Ex. P-1 at 10. 45 p. m.