KINKAR RAY Vs. STATE

JUDGEMENT

(1.) This Revisional petition is directed against the order of a learned Magistrate of the First Class, Vishnupur, convicting the petitioner under Section 120(b) of the Indian Railways Act.

(2.) The case for the prosecution is that on the 12th July, 1961, at about 7 O'clock in the morning Birendra Nath Singh, Assistant Station Master of Sonamukhi Railway Station, went to the quarters of Amal Kumar Roy, Sub-Inspector of Way and Works, that the accused petitioner Kinkor Roy and another person Pativam Jadav who are railway servants abused Birendra Nath Singh uttering the abusive word 'Sala', and that the accused threatened to assault Birendra. Birendra gave information to the police. A prosecution report was submitted by the police against the accused persons under Section 120(b) of the Indian Railways Act. The learned Magistrate acquitted Patiram Jadav but convicted the present petitioner under Section 120(b) and sentenced him to pay a fine of Rs. 25 in default to suffer simple imprisonment for five days.

(3.) The accused persons pleaded not guilty. The defence was that on account of Trade Union rivalry the accused were falsely implicated.