NABIN CHANDRA DAS Vs. STATE

JUDGEMENT

(1.) THE Petitioner was convicted by the Trial Court under Section 294 and 506, Indian Penal Code and was sentenced to undergo rigorous imprisonment for three months on each Count. On appeal, the learned Sessions Judge while maintaining the conviction under Section 294, Indian Penal Code altered the conviction under Section 506, Indian Penal Code to one under Section 355, Indian Penal Code. He also set aside the substantive sentences of imprisonment and awarded a sentence of fine of Rs. 500/ - on each Count with a default sentence of R.I. for two months.

(2.) THE Petitioner is a journalist while the informant (P.W. 1) is a Sub -Assistant Engineer of the Public Work Department. Prosecution case was that on 3 -2 -1976 while P.W. 1 was going to the work site with his staff, the Petitioner called him in a commanding tone and said that he had gone to his office thrice, but did not find him there. When P.W. 1 said that being a field worker he usually remained absent from the office the Petitioner challenged him saying that he (P.W. 1) was selling away the roadside trees and misappropriating the sale proceeds thereof. P.W. 1 took exception to this and replied politely that it would have been better for the Petitioner to go to the office and make a complaint instead of humiliating him in a public place. At this, the Petitioner lost temper and hurled abuses in obscene language. He also raised his shoes to assault P.W. 1.

(3.) AT die trial, the Petitioner denied the occurrence and contended that the case was falsely foisted against him as he had got published some allegations against the officers of the P.W.D. of Gunupur area in the local dailies - Durmukha and Matrubhumi.