NITYANANDA MOHANTA AND 3 ORS. Vs. STATE

JUDGEMENT

(1.) THE four Petitioners were convicted by Shri L.P. Mohanty, Magistrate, First Class, Karanjia of an offence punishable under Section 504 I.P.C. and were sentenced to a fine of Rs. 20/ -. each. The first Petitioner Nityananda and the second Petitioner Ramdas are brothers. The third Petitioner is the son of the first Petitioner and the fourth Petitioner is the wife of the first Petitioner.

(2.) THE Prosecution case is that the first Petitioner Nityananda was asked to construct a well financed by the Govt. in village Anagarpada; that as the whole of the Government contribution was not available in time, the complainant and some other tenants of the village had arranged some paddy loan for completion of the work from a local man, that it was arranged that the complainant and other villagers should be sureties for the paddy and that when Government money would be received by the Petitioner Nityananda, they would get money from him and repay the paddy to the creditor. But it appeared that in the month of Kartik in 1955 the complainant and others came to know that Nityananda had already obtained the Government money and went to ask for the loan from him, when Nityananda denied having received any loan and began to abuse the complainant. Petitioner No. 2 Ramdas also Came there at the time and it is stated in the complaint that Ramdas also started to abuse him and asked Nityananda to drive away the complainant. The son and the wife of Nityananda also joined in abusing.

(3.) The learned Magistrate himself observed that though six persons were alleged to have been present at the time of the abuse, none of them was examined by the prosecution. The learned Magistrate also found that it was only Petitioners 1, 3 and 4 that used the abusive language and that Ramdas did not use any words of abuse himself.