NARAYAN DAS Vs. STATE

JUDGEMENT

(1.) This revision has been referred to me under Section 429, Cr. p. C. in consequence of a difference of opinion between my Lord the Chief Justice and my learned brother Justice Das (as he then was) who first heard the revision as a Division Bench.

(2.) Petitioner No. 1 Narayan Das alias Madhusudan Das Babaji came to village Saradhapur in Bonai State, proclaimed himself to be the living God 'Anantakishore', called upon the villagers to worship him & succeeded in gathering a number of disciples around him who believe in his divinity. There was a girl named Bhanumati aged about fifteen years (P. W. 7.) daughter of one Rajib Lochan Mohanti of the village, The Babaji somehow induced a belief in the girl as well as in her father & some of the co-villagers that she was 'Anantakishori' and that none else but he was fit to wed her. In consequence of this belief the girl was in due course given in marriage to him by her father and for sometime the Babaji and his wife were looked upon as living God and Goddess. On the 17th of July 1950 which was the Ratha Jatra day some of the disciples of the Babaji placed him and his wife on a Bath and dragged it through the village. Some of the other villagers however on that day wanted to go to Bonaigarh to see the Rath Jatra of Lord Jagannath that was being celebrated there. The Babaji was said to have dissuaded them from going to Bonaigarh by saying that Jagannath was after all a piece of wood where as he (Babaji) was living God 'Nararupi Narayan' & that he should be worshipped. Petitioner No. 2 Dhaneswar Mahato who is said to be fantical disciple of the Babaji tried to reenforce the argument of the Babaji by saying that the village Goddess 'Gramadevi" and the deity known as Baneswar were mere stone idols and that Dhaneswar could pass urine on them.

(3.) On these allegations the Babaji was prosecuted for three offences; firstly, for the offence of cheating under Section 417, I. P. C.; secondly, for the offence under Section 153, I. P. C. for organising Rath Jatra without a license and thirdly, for the offence under Section 298, I. P. C. for having deliberately wounded the religious feelings of the villagers by saying that Lord Jagannath was only a piece of wood. Petitioner Dhaneswar Mahanto was charged under Section 293, I. P. C. for having deliberately wounded the religious feelings of the people by saying that he could pass urine on the village Goddess 'Gramadevti' and Baneswar as they were stone idols. The Sub-divisional Magistrate of Bonai convicted the Babaji of all the three charges and sentenced him to six months rigorous imprisonment under each count. He convicted petitioner Dhaneswar under Section 298, I. P. C. and sentenced him to three months rigorous imprisonment and a fine of Rs. 50/-. On appeal, the learned Sessions Judge set aside the conviction under Section 153, I. P. C. of petitioner Narayan Das but maintained the conviction and sentence passed on both the petitioners in respect of the other offences.