BHIBHMA KINGER Vs. STATE OF M P

JUDGEMENT

(1.) The appellant Bhishma Kinger, a practicing Advocate at Raipur Bar, bas been found guilty of offence punishable under section 323, Indian Penal Code and sentenced to pay a fine of Rs. 1.000/- and in default three months R.I. by judgment dated 15.4.1982, passed by Shri L. D. Deoras, Second Additional Sessions Judge. Raipur, in Sessions Trial No. 144 of 1980 and has preferred this appeal under section 374(2). Criminal Procedure Code, challenging his aforesaid conviction and sentence.

(2.) The appellant was put on trial for having voluntarily causing hurt with an intention to kill Shri Dhirajlal Pandya (P.W. 1), another Advocate, on 25.8.1980 within the premises of District Court at Raipur, punishable under section 323/307, Indian Penal Code. Appellant and the complainant are practicing Advocates at Raipur. At the relevant time, Shri Nag, Civil Judge (Class II), had his Court on the first floor of the Court Building. On 25.8.1980, in the afternoon, an execution case was fixed in the Court of Shri Nag, in which the decree-holder was represented by the appellant and the judgment-debtor by Shri M.L. Yadu. The appellant is alleged to have appeared on behalf of one Shri Bhatia and filed an application under Order 21, Rule 16, Criminal Procedure Code to the effect that the decree in question has been transferred in favour of Shri Bhatia. The complainant-Dhirajlal Pandya appeared in the Court and opposed the said application on behalf of the decree-holder. Shri Pandya filed an application in this behalf. Shri M.L. Yadu, the Advocate of judgment-debtor, prayed for time for filing reply to the said application, which was granted by the Court. The case file was, thereafter, sent to the Execution-Clerk for giving a date. At this point of time, the appellant addressed the complainant Shri Pandya as rw in a very impolite language. Shri Pandya objected to this mode of address, on which the appellant abused him by saying Ikys rw ,sls ugh ekusxk and slapped Shri Pandya. Thereafter, the appellant dragged Shri Pandya out of the Court room into the verandah and dashed his head against the wall-causing bleeding injury. It is also alleged that the appellant tried to throw Shri Pandya from the first floor of the building. Report of the incident was lodged at the police station vide Ex. P. 1 and a case under section 307, Indian Penal Code registered. A complaint purporting to be for offence under section 228, Indian Penal Code was also filed before the Civil Judge, Shri Pandya was sent for medical examination and was examined by Dr. Yadava (P.W. 7) who found an injury on the left parietal region. After investigation the appellant was tried as aforesaid.

(3.) The learned Sessions Judge, relying on the evidence of Shri Pandya (P.W. 1) and Shri M. L. Yadu (P.W. 2) and the medical evidence of Dr. Yadava (P.W. 7), held that it was the appellant who had caused the injury on the person of Shri Pandya. The learned Judge, however, did not find any intention on the part of the appellant to kill Shri Pandya. That is how the appellant has been found not guilty of offence under section 307, Indian Penal Code and convicted for offence under section 323, I.P.C. only.