VANEY SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a revision by one Vaney Singh against the appellate judgment of the Additional Sessions Judge, Sirohi, partly allowing the petitioner's appeal against his conviction under sec. 353 and 448 Indian Penal Code and the sentence of six months and three months rigorous imprisonment respectively on these counts by the Munsif Magistrate, Sirohi. While the learned Additional Sessions Judge maintained the conviction of the accused for the offence under sec. 353 Indian Penal Code as also the sentence of six months rigorous imprisonment, he set aside the conviction of the accused for the offence under Sec. 448 Indian Penal Code.

(2.) P. W. 2 Jaideo Singh Patwari of Sirohi was doing his office work in the Patwar Khana on 14. 8. 67. At about 5. 00 p. m. the accused came to the Patwar Khana and asked Jaideo Singh to allot him some land. Jaideo Singh explained to him that he was not competent to make any allotment of land. This annoyed the accused who then assaulted the Patwari with a lathi. The Patwari then left the place namely, the verandah where he was sitting and entered into the room. He raised an alarm which attracted Padam Singh, Up Sarpanch and one Ridmal Singh Patwari of another village, Positra. They persuaded the accused to go away. While leaving, the accused threatened Jaideo Singh that he would not leave him in future. On the next day i. e. 15-8-67, Jaideo Singh lodged a complaint in the court of the Sub-Divisional Magistrate, Sirohi. The learned Sub-Divisional Magistrate forwarded the complaint to the Station House Officer, Anadra for enquiry and report within a fortnight. The Sub-Divisional Magistrate also asked the Station House Officer to see that no breach of peace took place On receipt of this complaint the Station House Officer, Anadra, treated it as a first information report and registered a case under sec. 353 and 448 Indian Penal Code. After investigating the matter the Station House Officer, Anadra, presented a challan against the accused in the court of the Munsif Magistrate, Sirohi. The learned Munsif Magistrate tried the case in accordance with the provisions of sec. 251-A Criminal Procedure Code and convicted and sentenced the accused as mentioned in the beginning.