LAXMIDHAR SETH Vs. STATE OF ORISSA

JUDGEMENT

(1.) FRUSTRATED Government servant under suspension waiting to face disciplinary proceeding against him has assailed his conviction and sentence Under Section 44& IPC in this revision.

(2.) PROSECUTION case is that the petitioner went inside office room of the Subdivisional Veterinary Assistant Surgeon, Deogarh with a stone in hand. He used filthy language against Veterinary Assistant Surgeon, Reamal who was present there. He also threatened to throw stone at the Sub -divisional Veterinary Assistant Surg -eon on written report by the Sub -divisional Veterinary Assistant Surgeon, investigation was made and petitioner was charge -sheeted under Secs. 448/294/506, IPC. Petitioner has been acquitted Under Section 506, IPC by the trial Court and has been acquitted of the charge Under Section 294, IPC by the appellate Court. Question is whether he has committed offence Under Section 448, IPC.

(3.) COMING to the question of sentence, I find that accused -has committed the offence under mental strain when his bread was affected on account of suspension. Accordingly, the sentence is reduced to a fine of Rs, 100/ - (one hundred) only,