KHITISH KUMAR PUROHIT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE revision is directed against the judgment and order dated 22 -8 -1987 of the learned Sessions Judge, Sambalpur maintaining the conviction of the petitioner Under Section 294,IPC and sentence of fine of Rs. 250/ -, in default to undergo S. I, for 30 days.

(2.) SHORTLY stated the fact of the case are that on 31 -10 -1984 the petitioner a teacher of Hirakud High School came to the school late but entered in the Attendance Register as 10 30 A. M. The informant (PW 1), the Headmaster of the school objected to this and underlined the wrong entry in the attendance register The petitioner coming to know of this challenged PW 1 ; and it is alleged that he hurled abuses in obscene words at PW 1 to the effect 'ETA KAAN LAUDA'. He also threatened PW 1 with dire consequences. On the report of the Headmaster PW 1, a case was registered, investigation taken up and charge sheet was submitted against the petitioner Under Section 294, IPC.

(3.) IN support of its case prosecution has examined four witnesses of whom PW 1 is the informant, PWs 2 and 3 the eye -witnesses and PW 4 is the I. O. On appraisal of the materials on record, the learned trial Court accepted the prosecution case relying on the testimony of PWs 1 to 3, and held that the petitioner by using obscene words inside the office room of PW 1, had committed the offence Under Section 294, IPC and had accordingly convicted him thereunder. The learned appellate Court agreeing with the findings of the trial Court confirmed the finding and up -held the conviction and sentence.