STATE OF MADHYA PRADESH Vs. KESHARI SINGH

JUDGEMENT

(1.) The State of Madhya Pradesh has filed this appeal against the acquittal of the respondent of the charges under sections 451, 353, 294 and 506 (B) of the Indian Penal Code by judgment dated 8-9-1981 of the Court of Judicial Magistrate, First Class, Banda, in Criminal Case No. 273 of 1977.

(2.) Bipin Bihari Gupta (P.W. 2) lodged a report (Ex. P-3) to the police that on May 13, 1977, at about 5 P.M., he was disbursing loans to cultivators in the office of Land Development Bank, Banda. The respondent came inside the office, abused him filthily by mother and sister and insisted that his work should be done first. When he told the respondent that no file in his name was before him, the respondent started throwing chairs and files. In this way, he obstructed in the discharge of his duties as a public servant. On this report, the police investigated the case. During investigation, the police seized a copy of the resolution (Ex. P-6-C) which shows that Bipin Bihari was elected as a director in accordance with provisions of bye-law No. 29(1) of the Bank. After usual investigation, challan was put up against the respondent.

(3.) The respondent denied his guilt and submitted that he would examine defence witnesses. However, after his statement under section 313 of the Code of Criminal Procedure was recorded, he closed his defence case as well.