Sheo Kumar Pandey vs Ladli Saran

Imam, J.—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 u/s 562 (1A) of the Code of Criminal Procedure.

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.

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.

On behalf of the opposite party it has been submitted that the matter was a trivial one, and since the petitioner complainant did not agree to cast a jatra that enraged the opposite party, and in that state of mind he abused the petitioner complainant and assaulted him with siaps. He submitted that upon these facts the order of the learned Magistrate should not be disturbed.

In my view, in the case of a person, such as a Pandit who does the work of an astrologer, it is a serious matter to call him, "Sala, Bahinchod and Betichod". In fact, such language will enrage anybody with self-respect. This also happened before other persons in the village. It is not, therefore, a trivial matter but a serious one. It becomes all the more serious when a Mukhia does it who, in his own way, is expected to maintain some kind of authority in the area where he functions. Instead of setting up an example of a law abiding citizen, the opposite party has proved himself as a law breaker.

He obviously occupies a responsible position and he should behave in a responsible manner. Not being content with abusing the petitioner in filthy language he assaulted the petitioner with fists and slaps. In these circumstances to let off the mukhia with a simple warning is absolutely unjustifiable. For these reasons I am satisfied that the order of the learned Magistrate in letting off the Mukhia, namely, the opposite party, with a mere admonition u/s 562 (1A), Criminal P. O., is not justified.

I am, therefore, satisfied that some sentence must be imposed upon the opposite party for the offences proved against him. u/s 562 (3) of the Code of Criminal Procedure, the High Court is empowered to sentence the opposite party. I would, therefore, sentence the opposite party, Lodli Saran, to pay a fine of Rs. 100/-, in default, three months'' rigorous imprisonment u/s 504 of the Indian Penal Code There will be no separate sentence u/s 323 of the Indian penal Code. The entire fine, if realised, will be paid to the petitioner complainant by way of compensation. The application is accordingly allowed.