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Sadananda Jash Vs. Shibakali Hazra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata High Court
Decided On
Case NumberCriminal Revn. No. 336 of 1953
Judge
Reported inAIR1954Cal288
ActsIndian Penal Code (IPC), 1860 - Sections 95, 504 and 506
AppellantSadananda Jash
RespondentShibakali Hazra
Appellant AdvocatePanchanan Choudhuri and ;Nirmal Ch. Chaudhuri, Advs.
Respondent AdvocateBireswar Chatterjee, Adv.
Excerpt:
- .....of a conversation in connection therewith for arriving at a compromise of the case before the head master of the school an occurrence took place. the learned district magistrate points out that the only reliable witness in the case is the head master who being the head of an educational institution deserves to be fully believed. the head master's version is that in the course of the conversation in a very mild manner the accused told the school master 'apni nichhe katha bol-chhen' (you are telling a lie). for this the school master rushed to the criminal court and filed a complaint under section 504, penal code. the learned district magistrate exercised his commonsense and acquitted the accused though a magistrate of the second class had convicted him.3. one of the first principles.....
Judgment:
ORDER

Chunder, J.

1. This Rule was issued at the instance of a school-master against an order of the Additional District Magistrate of Burdwan acquitting the' opposite party of an offence under Section 504, Penal Code. Although it is a revision I have been compelled by Mr. Panchanan Chaudhuri with his usual eloquence to hear what was really a full appeal on facts and law against the acquittal. I am of the same opinion as the learned District Magistrate and hold that the accused was rightly acquitted.

2. Briefly the facts are that between the complainant's brother and the accused there was a criminal case over a land dispute and In the course of a conversation in connection therewith for arriving at a compromise of the case before the Head Master of the school an occurrence took place. The learned District Magistrate points out that the only reliable witness in the case Is the Head Master who being the head of an educational institution deserves to be fully believed. The Head Master's version is that in the course of the conversation in a very mild manner the accused told the school master 'Apni nichhe katha bol-chhen' (you are telling a lie). For this the school master rushed to the Criminal Court and filed a complaint under Section 504, Penal Code. The learned District Magistrate exercised his commonsense and acquitted the accused though a Magistrate of the second class had convicted him.

3. One of the first principles of law is 'deminimis non curat lex'. This has found expressionin Section 95, Penal Code which enacts that

'nothing is an offence by reason that it causes,or that it has intended to cause, or that it isknown to be likely to cause, any harm, if thatharm is so slight that no person of ordinarysense and temper would complain of such harm.'

This is a complete Justification for what the learned District Magistrate has done. Intercourse in civilised society will come to an end if for words uttered as in the present case, a person found himself exposed to all the trouble and worry of a criminal trial. The order of the learned Additional District Magistrate being right, the Rule for setting aside the acquittal is discharged.


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