LAWS(ORI)-1993-12-11

PRADEEP GIRI Vs. STATE

Decided On December 03, 1993
Pradeep Giri Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) CHALLENGING their conviction under 324/34, IPC petitioners have filed this criminal revision.

(2.) THE prosecution case, in brief, is that on 3 -9 -198S at about 5 pm. informant PW 2, PW 5 and others were collecting signatures from the villagers to obtain loan from them. There was a congregation of many of the villagers at the place of occurrence where a meeting was going on. At that point of time petitioner Pradeep Giri came to the place and abused the members of the meeting in obscene language and left the place. Thereafter he went away from the place and came back along with the other accused persons. There was altercation between the parties and Pradeep stabbed PW 2 on his shoulder and Gourang Giri who suffered a cut injury on the left hand finger. Both the injuries were minor in nature. Thereafter they also assaulted others with lathis. The accused persons were charged Under Section 341/34, 324, 294/34, IPC. The learned trial Court acquitted all the accused persons of the offence Under Section 341, IPC but convicted them under Secs 324, 294/34, IPC and sentenced each of them to undergo R.I, for three months on each count with further direction that the sentences would run concurrently. Appellate Court while confirming the conviction of the petitioners Under Section 324/34, IPC acquitted all the petitioners of the charge Under Section 294/34, IPC as according to him the words uttered by the petitioners were not considered to be obscene by the appellate Court. Challenging the conviction Under Section 324/34, IPC and sentencing the petitioners to undergo R.I. for three months, the petitioners have filed this revision.

(3.) THE plea of defence is that of total denial and three witne - sses have been examined on behalf of the petitioner. The specific plea as stated by the defence is that PWs 1 to 5 asked the accused persons to leave the Gochar land which was in their possession and since they refused to comply with the request a false case has been foisted against them.