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In Re: Karumuri Venkataratnam - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1948Mad9; (1947)1MLJ359
AppellantIn Re: Karumuri Venkataratnam
Excerpt:
- .....has been convicted by the first class bench magistrate, rajahmundry, under section 504, indian penal code, and sentenced to pay a fine of rs. 25. he is said to have sold on the previous day some tobacco to the complainant. next day the complainant came to the petitioner and without paying him the money removed the tobacco. this infuriated the petitioner and the petitioner is said to have used abusive words which provoked the complainant to beat him. it is also urged by the complainant that the petitioner besides abusing threatened to strike him with a knife ; but the magistrates did not accept that part of the case. they found, however, that the accused did abuse the complainant for the non-payment of his dues and for removing the produce without payment and this abuse brought about.....
Judgment:
ORDER

Yahya Ali, J.

1. The petitioner has been convicted by the first Class Bench Magistrate, Rajahmundry, under Section 504, Indian Penal Code, and sentenced to pay a fine of Rs. 25. He is said to have sold on the previous day some tobacco to the complainant. Next day the complainant came to the petitioner and without paying him the money removed the tobacco. This infuriated the petitioner and the petitioner is said to have used abusive words which provoked the complainant to beat him. It is also urged by the complainant that the petitioner besides abusing threatened to strike him with a knife ; but the Magistrates did not accept that part of the case. They found, however, that the accused did abuse the complainant for the non-payment of his dues and for removing the produce without payment and this abuse brought about the breach of the peace.

2. This finding is not sufficient to support the conviction under Section 504, Indian Penal Code. That section requires firstly that there should be an intentional insult, and secondly that thereby the offender should have given provocation to any person intending or knowing it to be likely that such provocation will cause him to break the public peace or to commit any other offence. One of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult. That act in this case being the use of abusive words, it would be necessary to know what those words were in order to decide whether the using of those words amounted to intentional insult. The judgment of the Bench Magistrates does not set out those words, and in the absence of those words it is not possible to decide whether the ingredient of intentional insult is present in this case. The Magistrates were content with finding that the petitioner abused the complainant, but that is not sufficient by itself to warrant a conviction under Section 504, Indian Penal Code.

3. For these reasons the conviction of the petitioner cannot be maintained. The petition is allowed and the conviction and sentence are set aside.


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