RAM GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ONE Ladulal made a complaint in the court of Munsiff-Magistrate, Sawai Madhopur, on September 12, 1963 with the allegation that on September 10, 1963. at about 10 or 10 30 a. m. , when he was available in his shop in village Khandar, the accused Ram Gopal and Jagdish came to him and hurled abuses towards him. They told him that he was responsible for preventing them from selling sugar in black-market. Gapoolal intervened in the quarrel. But the accused also abused him. The accused Ram Gopal pulled the complainant's 'dhoti' and dragged him and told him that he would be killed. Had some persons not intervened Ram Gopal would have administered lathi blows to him. The complainant, therofore, prayed that the accused should be punished under Ss. 352 and 405, I. P. C. On receipt of the complaint and after necessary inquiry, learned Munsiff-Magistrate ordered on 7-12 63 the registration of the case under S. 323, I. P. C. , and the accused were also directed to be summoned. The accused put in their appearance and denied to have committed any offence. The complainant examined his witnesses. The accused produced Jamnalal, D. W. 1. By its judgment, dated January 2, 1966. Jagdish was acquitted of the aforesaid offence. Ram Gopal was convicted under S. 323, I. P. C. He was, however, released after due admonition in accordance with the provisions of S. 3 of the Probation of Offenders Act, 1958. Dissatisfied with that judgment an appeal was filed in the court of Additional Sessions Judge No. 1, Gangapur, but the same stood dismissed on September 26, 1967. Hence this revision.

(2.) LEARNED counsel for the petitioner submits that the court below went wrong in not applying S. 95, I. P. C. , to this case. S. 95 read as follows: - "nothing is ah offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. The maxim 'de minimis non curat lex' (the law does not take account of trifles is the foundation of this section. Intercourse in a civilised society will come to an end, if for petty things a person finds himself exposed to all the trouble and worry of a criminal trial. The expression 'harm' as used in S. 95, I. P. C. has not been defined in the Indian Penal Code. In its dictionary meaning it means "hurt, injury, damage, impairment". Thus, the word 'harm' will also include physical injury. S. 95, I. P. C. , is a general exception, inclusive of physical injury or hurt. There is, therefore, not the least doubt that S. 95 can be applied to an offence under S. 323,