MOHAN LAL Vs. STATE OF H P

JUDGEMENT

(1.) The Petitioner has preferred this revision against the judgment in appeal of the learned Fast Track Court, Hamirpur.

(2.) The Respondent instituted a complaint under Section 500 IPC against the Petitioner on the allegations that he is a retired army personnel. On 12.7.2000 at about 8.30 AM Smt. Leela Devi, wife of Shri Raj Kumar, resident of village Ghumarwin, Tehsil Barsar came to his house and told him that some members of the Gram Panchayat Baliah along with the villagers have come to her residence to inspect the spot about which there was a dispute. She informed him that she was raising some pillars on the land which was her property and she went to build a house there. Since her husband was not at home, she requested the Respondent to accompany her to the spot. The complainant/Respondent who claimed to be a social worker accompanied her to the spot. At about 8.45 AM, he found that the members of the Panchayat and residents of the village had gathered there and were asking Smt. Leela Devi to stop work immediately. When this matter was being discussed, the Petitioner came to the spot with his brother Shri Khalelu Ram and pounced upon the complainant, shouted at him and asked him as to how he was present on the spot. When Smt. Leela Devi intervened and told the accused that she had asked him to help her, the accused is supposed to have remarked "behan chod bakwas karta hai, Yahan sey Dafa ho ja. Dafa hota hai ki nahin." The complainant-Respondent did not retaliate and the people on the spot namely Karam Chand, Anant Ram and others condemned the behaviour of the Petitioner. The gist of the case set out by the complainant was that by abusing him in the vilest terms willfully and consciously, the Petitioner has harmed his reputation and lowered his prestige in the estimation of the general public. There was no justification for these remarks/vulgar abuse.

(3.) After recording preliminary evidence, the Petitioner-accused was summoned to Court to face trial under Section 500 IPC. He denied his guilt and claimed trial. He insisted that he was called on the spot by the Gram Panchayat. His defence was that the evidence produced against him was false and the witnesses were lying.