EMPEROR Vs. BHAGA MANA

JUDGEMENT

(1.) In this case the Magistrate has convicted the petitioner of an offence under Section 186, Indian Penal Code. The facts found are that a Circle Inspector had gone to the wada of the petitioner, under orders of the District Deputy Collector, with a Panch in order to remove an alleged encroachment. He took with him one Lalia, who is the son of a village servant (avethia). This Lalia was asked to remove a portion of a hedge, as being part of the encroachment As goon as Lalia put his scythe in the hedge to do this, the accused came out from his house and caught hold of the scythe and said "I will see who will remove the encroachment." Lalia was thus stopped from doing the work, and the Circle Inspector and the Panch, being afraid that if they persisted some mischief might result, went away.

(2.) The petitioner was held thereby to have been guilty of obstructing a public servant, namely, the Circle Inspector, in discharge of his public functions under Section 186, Indian Penal Code, and was sentenced to pay a fine of Rs. 40.

(3.) It is contended that there was no obstruction within the meaning of Section 183, and that in any case there was no obstruction to a public servant in the discharge of his public function under that section.