Judgment

UNTWALIA, J.:- This is an appeal by special leave. The question which falls for determination is whether a charge could be legally and validly framed on the facts alleged by the prosecution against the appellant under Section 353 of the Indian Penal Code - hereinafter called the Code.

2. An incident is said to have taken place in a meeting of the District Advisory Committee of Kolaba District held on the 22nd of August, 1970 at about 3.00 p.m. in a pandal near the Nehru Hall at Alibag under the Chairmanship of Shri A. R. Antulay-a Minister of the Government of Maharashtra. The appellant was a member of the Legislative Assembly and his brother was the Sabhapati of the Building Department of the Zilla Parishad. Both of them attended the meeting. Certain incidents took place in that meeting, which according to the prosecution, amounted to assault or use of criminal force by the appellant to the Minister a public servant - in the execution of his duty as such public servant within the meaning of Section 353 of the Code. It was further alleged that the action of both the brothers also amounted to assault or use of criminal force to Shri Antulay intending thereby to dishonour him,