MOHAMMAD SABED ALI Vs. THULESVAR BORAH

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Mr. S. C. Das, Magistrate, 1st Class, dated 17 -8 -1953 by which he acquitted Tahuleswar Bora, accused, of an offence Under Section 504, 1. P. C. The complainant Md. Sabed Ali, Munshi is the petitioner before us. The validity of the order of acquittal is assailed by him.

(2.) THE prosecution case was that on 1 -1 -1953, a constable from Dhing Police Station informed the complainant that ho should keep witnesses in a murder case ready as Thuleswar Bora, Inspector of Police, would be coming to investigate the case. The witnesses were therefore kept ready. In the afternoon at about 3 P. M. another constable came aac1 asked the complainant to take the witnesses to Batabari a neighbouring village. The complainant could not comply with this direction. According to him, the witnesses declined to go to that village nut of (ear. A short while later, the accused came, lie had with him a Daroga and two constables. The complainant approached him. The accused, started abusing him, called him a dog and addressed him as follows:

(3.) IN AIR 1935 Cal 736 (A) the contention was that an offence Under Section 504, IPC was committed by insulting language used in a letter. It was observed that it was very difficult to make out that the accused gave the alleged provocation to the complainant intending or knowing it to be likely that it would cause a breach of the peace. It was recognised that such an intention may be inferred from the circumstances attending the insult.