LAWS(HPH)-1962-3-3

DEVI RAM Vs. MULAKH RAJ

Decided On March 17, 1962
DEVI RAM Appellant
V/S
MULAKH RAJ Respondents

JUDGEMENT

(1.) THIS application in revision was filed by Shri Devi Ram and his son Shri Mian Ram. The former appli- cant has since died and his name has been expunged from the array of parties.

(2.) A complaint was filed by the respondent against the petitioner and his since deceased father for offences. Under Sections 504, 447 and 500 of IPC on the allegations that they wanted to pass by the house of the respondent who restrained them from doing so and they abused him in the name of his mother and sister.

(3.) THE learned Magistrate who was. trying the case framed a charge Under Section 504 of IPC only, la support of the petition it has been contended that neither evidence adduced on behalf of the respondent nor the charge framed by the learned Magistrate indicated the terms of we abuses alleged to have been hurled by the petitioner and his since deceased father and as such a charge could not the framed for the offence Under Section 504 of I. P, C. that Section reads as below: Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likaty that such provocation will cause him to break the public peace, or to commit any other offence, shall be punishes with imprisonment of either description for a term which may extend to two years, or with fine, or with both.