PURAN CHAND Vs. THE STATE

JUDGEMENT

(1.) PURAN Chand Petitioner in this case along with Kundan Ram was convicted by Shri Des Raj Mahajan, Magistrate 1st Class Bhatinda, under Section 160 of the Indian Penal Code, and sentenced to pay Rs. 10/ - as fine, vide his order dated the 29th June 1962. He went up in revision to the Court of Session, and the learned Sessions Judge vide his order dated the 20th September 1962 recommended to this Court that the revision be accepted and the conviction and sentence imposed upon the Petitioner be set a side.

(2.) THE facts of this case are simple. It is alleged that Puran Chand Petitioner and Kundan Ram were found by A. S. I. Parma Nand (P. W. 3) of Police Station Raman to be quarrelling amongst themselves in the Chowk of Talwandi Sabo on the 13th January 1962 at about 7 P. M. and thereby disturbing the public peace. They were arrested under Section 151, Criminal Procedure Code, in the presence of Ruldu Singh (P. W. 1) and some others, and were sent up for trial under action 160, Indian Penal Code. It is also alleged that Puran Chand at that time was drunk. It is not denied that the place of occurrence was, a public place. The only point which requires determination is whether exchange of abuses or a wordy quarrel would amount to an affray or a fight. Section 160 Indian Penal Code, runs as under:

(3.) FOR the reasons given below, I accept the recommendation made by the learned Sessions Judge and acquit the accused.