L.S. MEHTA, J.—Civil suit No.206 of 1957, Balaknath vs. Parbhatinath had been pending in the court of learned Munsiff-Magistrate, Thanna Gazi District Alwar. In that case Shri N. K. Sharma, Advocate, had been engaged by the plaintiff Balak Nath. On April 16, 1964 the defendant Parbhati Nath had been examined. In the course of his cross-examination, a transfer application had been moved before the trial court on behalf of the plaintiff. Consequently, the case had been adjourned for about a month. That day Shri Nand Kishore, Advocate, is alleged to have caused interruption in the judicial proceeding and offered insult to the Presiding Officer of the Court Shri D.C. Hagela. He is alleged to have remarked that he would move, either personally or through his clients, transfer applications in each and every case and that he would see the Presiding Officer. He is also alleged to have made certain gestures with his hands and face in a threatening voice at the Presiding Officer. Soon after the said officer drew up proceeding under sec.480, Cr.P.C. He framed the following charge:

"I.D.C. Hagela, Munsiff-Magistrate F.C. Thanagazi, hereby charge you Shri Nand Kishore Sharma Advocate as follows; that you today viz., the 16th day of April, 1964, at 11.30 a.m., intentionally offered insult and also caused interruption to me by threatening that in each and every case you will now either personally or through your clients go on moving the transfer applications and that you will see me and you made such gestures with hand face and with a threatening noise that amounted to interruption and insult while I was sitting in a judicial proceeding namely Balak Nath vs. Parbati Nath C. S. No. 206 of 1957 and thereby committed an offence under sec. 228, I. P. C, and within my cognizance.

And I hereby direct that you be tried on the said charge."

To the above charge the Advocate, Shri Nand Kishore Sharma, gave the following reply:

"That no occasion arose for drawing the contempt of court proceeding, that he was called to hear the judgment in Hanuman Sahai & Jagan Nath and that he has heard the judgment and that he has done nothing."

It may also be noted here that Shri Sharma refused to sign the charge-sheet below his reply. Eventually the said Magistrate held Shri Sharma guilty under sec. 228, I.P.C., and imposed on him a fine of Rs. 200/-, in default of payment of fine to undergo simple imprisonment for a period of one month. On an appeal, learned Sessions Judge, Alwar, held that the trial court did not write in its judgment, in accordance with sec. 481(2), Cr.P.C. the nature and the stage of the judicial proceeding in which the court was interrupted. The first appellate court further held that there was no evidence at all against the accused regarding his using insulting language or making threatening gestures except the impression of the presiding officer himself and such an impression was not enough to convict the accused so as to attract the provisions of sec. 228, I. P. C. On these grounds, learned Sessions Judge, Alwar, set aside the conviction and acquitted the accused Shri Nand Kishore of the offence under sec. 228, I.P.C.

2. Dissatisfied with the above verdict, the State Government has filed the present appeal. The contention of learned Deputy Government Advocate is that it has been fully brought home that the Presiding Officer of the court of Munsiff-Magistrate, Thana Gazi, Shri D. C Hagela, was offered insult at the time when he was busy at a certain stage of the judicial proceeding in connection with the case, Balak Nath vs. Parbhati Nath, Civil Suit No. 206 of 1957, and therefore, the appellate court went wrong in acquitting the accused of the offence under sec. 228, I. P. C. In support of his contention he mainly relied on Vijai Rao vs. State (1).

3. Sec. 481(I) Cr.P.C. is in the following terms:

"If the offence is under sec. 228 of the Indian Penal Code, the record shall show the nature and stage of the judicial interrupted or insulted was sitting

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