SHEO KUMAR PANDEY Vs. LADLI SARAN

JUDGEMENT

(1.) This is an application in revision against the order of the trial court finding the opposite party, Ladli Saran, guilty under Sections 504 and 323 of the Indian Penal Code and convicting him under those sections but passing no sentence, and in lieu of the sentence warning the opposite party under Section 562 (1A) of the Code of Criminal Procedure.

(2.) The prosecution case, in short, is that on 14-7-1955, in the evening at about 5 p. m. the petitioner, namely, the complainant was sitting along with some of the villagers near a Bel tree to the west of his basti. The opposite party, the Mukhla of the Birnawan Gram Panchayat, came there and asked the petitioner to cast a jatra as he had to go to Nawadah in connection with the judgment of a case in the court. The complainant replied, that when the accused had to go to court there was no necessity for him to cast a jatra. The accused thereupon got enraged and asked the complainant that neither he was giving him a jatra nor taking the money of one Sundri Devi and as such he wanted him to go, to his house. On his refusal to accompany the accused to his house, the accused started abusing the complainant in filthy language and called, "Sala, Bahinchod and Betichod". The complainant protested but he was assaulted with list and slaps. The provocation thereby given was likely to result in a breach of the peace but the witnesses intervened and separated them. The case of the complainant petitioner was that he had been defamed in the eyes of the society, and he being a responsible man in the village was injured in person and reputation.

(3.) It has been submitted before me by the learned lawyer for the petitioner that there was no case for admonishing the opposite party having regard to the facts of this case, and there was no extenuating circumstance in the least, and the learned Magistrate should have sentenced the opposite party when he found the opposite party guilty of the charges framed against him.