KANSHI RAM PANCHHI Vs. AMAR CHAND

JUDGEMENT

(1.) Seeking conviction of accused Amar Chand (respondent herein), the complainant Kanshi Ram Panchhi (appellant herein), has come up before this Court by filing the present Criminal Appeal challenging the acquittal of the accused for the commission of offences of criminal defamation, insult, threat and causing simple injuries.

(2.) The gist of the case necessary to arrive at a just conclusion, traces its history to a criminal complaint filed by one of the brother in law (Saadu), against the other. The complainant alleged in his complaint that his house and that of the accused are adjacent. In between their houses, there is a government land. Families of both the parties use this land as a compound as well as common path.

(3.) On April 16, 2002, the demarcation had been scheduled. The complainant was waiting for the revenue officials to associate in the demarcation process. The accused started raising pillars on the government land adjacent to the wall of the house of the complainant. The complainant prevented the accused from raising the pillar and blocking the path. However, instead of stopping the construction work, the accused got furious and hurled abuses on him. The accused provoked the complainant with the intention that such provocation will make the complainant loose his temper and he would react with breach the peace.