RATTI RAM Vs. THE STATE

JUDGEMENT

(1.) THIS is recommendation under Section 438. Criminal Procedure Code by Shri Sarup Chand Goyal, Additional Sessions Judge, Karnal for reversal of the order of Shri S. N. Parkash, Chief Judicial Magistrate, Karnal dated June 19, 1967.

(2.) THE facts leading to the reference are as follows. On August 26, 1966, Ratti Ram, Foot Constable, was seen drunk and acting in a disorderly manner in the main bazar at Karnal. On receiving information that Ratti Ram was misbehaving, Ajit Singh, Assistant Sub -Inspector accompanied by Brijinder Singh Inspector and 2/3 other constables reached the spot where he was standing. It was 7.00 p.m. He wanted to arrest him. Ratti Ram is said to have abused him and obstructed Ajit Singh in the discharge of his official duty to effect his arrest. He was eventually arrested and was sent for medical examination.

(3.) THE Chief Judicial Magistrate took the view that the statements of the prosecution witnesses were not consistent about the behaviour of Ratti Ram and about his having prevented Ajit Singh, Assistant Sub -Inspector from arresting him in the discharge of his official duty as police officer. Consequently, Ratti Ram was acquitted of offences under Sections 294 and 353, Indian Penal Code, with which he was charged. The Chief Judicial Magistrate, however, found him guilty of offence under Section 34 of the Police Act as the evidence on the record showed that Ratti Ram was durk and used abusive language to the annoyance of passerby and sentenced him to Rs. 30.00 or in default of payment of fine to undergo rigorous imprisonment for one week.