NIVAS SINGH Vs. AMAR SAO

JUDGEMENT

(1.) This is an application under Arts. 226 and 227 of the Constitution in the matter of a writ in the nature of certiorari. The petitioner was convicted by the Gram Cutcherry of Samayagarh for offence punishable under Section 504 and Section 506, Penal Code, and sentenced to pay a fine under each section. An appeal to the Full Bench of the Gram Cutcherry was dismissed. The Sub-divisional Magistrate, however, was moved presumabty under Section 73, Bihar Panchayat Raj Act 1947 (Act 7 of 1948). The Sub-divisioral Magistrate was of the opinion that there was no case made out under Section 504, and he set aside the conviction. He, however, upheld the conviction under Section 506, Penal Code.

(2.) The case of the complainant before the Gram Cutcherry was that the petitioner had sent his son Kedar Singh to the complainant with a slip bearing his signature asking him to send 10 seers of 'Khajoor'. The complainant refused to supply as it was against the rules of the ration shop to give more than two seers of 'Khajoor' to anybody. On this, the petitioner's son Kedar Singh went back and informed the petitioner accordingly. The petitioner came and began to abuse the complainant. The petitioner ran after the complainant with brickbats but he was seized by other person standing there. Thereafter, the petitioner said that he would have killed the complainant but for the fact that his son was ill.

(3.) The petitioner's case was that a false case had been instituted by the complainant. The complainant owed to the petitioner Rs. 600/-which he refused to repay on demand made by the petitioner, and in order to put pressure upon the petitioner the complainant began to abuse the petitioner as a result of which there was exchange of hot words in the course of which the complainant threatened to assault the petitioner with 'garasa'. A totally false case had been brought against the petitioner in order to put pressure upon him.