JUDGMENT

Sharfuddin, J. - This was a Rule calling upon the District Magistrate of Patna to show cause why the conviction of the petitioner and the sentence passed upon him should not be set aside on the facts found by the lower Court.

2. It appears that the petitioner was prosecuted for two offences, namely, one u/s 295 and the other u/s 297, Indian Penal Code. The offence u/s 295 related to the petitioner's building a chabutra and thus causing disturbance of the complainant's mother's grave, except as to the small portion known as the minaret. With regard to this offence, there has been no conviction and the petitioner has, therefore, been acquitted. But he has been convicted for the offence u/s 297, Indian Penal Code. That section runs thus: "Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted, thereby commits any trespass in any place of worship, or on any place of sepulchre or any place set apart for the performance of funeral rites or as a depositary for the remains of the dead, or