GANI JENA AND 5 ORS. Vs. NANDA BISWAL

JUDGEMENT

(1.) PETITIONERS Gani Jena, Budhi Jena and Kartik Jena stand convicted under Sections 379 and 504, Indian Penal Code and each of them have been sentenced to pay a fine of Rs. 30/ - on each count, in default to undergo S.I. for 10 days on each count. The other three Petitioners stand convicted only under Section 504, Indian Penal Code and each of them have been sentenced thereunder to pay a fine of Rs. 30/ -, in default to undergo S.T. for 10 days.

(2.) MR . R.C. Patnaik, the learned Counsel for the Petitioners did not challenge the conviction of the above named three Petitioners for the offence under Section 379, Indian Penal Code. He solely challenged the conviction of the Petitioners under Section 504, Indian Penal Code, on the contention that by the mere use of the abusive words 'Sala Sasura ', as found to have been addressed by the Petitioners towards the complainant, would not constitute an offence under Section 504, Indian Penal Code as these words are generally and commonly used in course of any both exchange of words by people of ordinary standing, and those words are not of such provocative nature as to in suit any person of normal temper so as to cause him to break the public peace, or to commit any other offence. In support of his above contention he cited a few decisions where use of certain abusive expressions were held not to have constituted an offence under Section, 504, Indian Penal Code. These decisions turned out on the peculiar facts and circumstances of each of these cases, and are not very helpful to decide the present case, as the significance to be attached to the words used in each case 'would depend upon the facts, circumstances, the occasion, the manner in which they are used, and the persons to whom they are addressed. Certain words or expressions, though apparently offensive, may be addressed to a person not with a view to bring down his reputation or cast aspersion on his character or to insult or annoy him in any manner. Some such words and expressions are very often used amongst friends without in any way conveying or causing any insult or abuse or annoyance to anyone of them.

(3.) ON the above facts, discussions and considerations I am satisfied that the offence of intentional insult punishable under Section 504 Indian Penal Code is properly brought home against the accused, the Petitioners in this case. Thus the conviction of the Petitioners under Section 504 Indian Penal Code is well founded.