Decided on July 30,1973

Brajabandhu Das And 2 Ors. Appellant
Guni Bewa Respondents


S. Acharya, J. - (1.) THE Petitioners stand convicted under Section 504, Indian Penal Code and each of them has been sentenced thereunder to pay a fine of Rs. 50/ -, in default to undergo R.I. for 15 days.
(2.) THE Petitioners were tried for offences under Sections 352, 427 and 504, Indian Penal Code. The trial Court acquitted them of the charge under Section 352, Indian Penal Code and convicted them under Sections 427 and 504, Indian Penal Code. The appellate Court found that the offence under Section 427, Indian Penal Code was not established against the Petitioners beyond reasonable doubt and on that ground acquitted them of the said offence. On an independent consideration of the evidence on record the appellate Court upheld the conviction of the Petitioners under Section 504, Indian Penal Code. The relevant portion of the prosecution case constituting the basis for the conviction under Section 504, Indian Penal Code, in short, is that when the Petitioners started digging a foundation on their own land the complainant protested against their said action as she apprehended that the said act of the Petitioners would cause damage to her adjacent wall. At this the Petitioners abused the complainant in highly filthy language sufficient in the ordinary course of nature to insult the complainant and thereby provoke her to break the public peace. On the day following also the Petitioners hurled filthy abuses against the complainant when she again protested against further digging of the said foundation by the Petitioners.
(3.) THE Petitioner stated that they dug the foundation on their own land but they never abused the complainant in any manner.;

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