PARMA GHASIRAM KACHHI Vs. KHUSHILAL HEMRAJ KACHHI

JUDGEMENT

(1.) ACCUSED Parma s/o Ghasiram Kachhi was prosecuted before the City Magistrate and the Additional District Magistrate Ujjain for an offence under Section 500, I.P.C. on the basis of a complaint lodged by one Khushilal Kachhi. Complainant's case was that the accused had called a meeting of caste panchas and had therein expressed before them that the complainant had taken food with a Chamar. According to the complainant the imputation was bound to harm the complainant in the eyes of the members of the caste.

(2.) THE defence taken by the accused at the trial was that he was not present before the Panchas at the material time and that he did not make any such imputation. This defence was found to be untrue.

(3.) THE present revision petition is filed on behalf of the accused against those decisions. Mr. Homi Daji who appears for the Petitioner lays stress upon two points. Firstly he contended that accepting the prosecution version to be true all that the accused is said to have done is to prefer a complaint before the caste panchas regarding the objectionable conduct of the complainant. The caste Panchas heard the complaint and ultimately did not outcaste the complainant. On the other hand the evidence indicated that the Sar Panch had joined a complainant's marriage party. To a case such as this, according to the Learned Counsel, Exception Ninth to Section 499, I.P.C. applied.