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1970 Supreme(Ori) 189

S.ACHARYA
GANI JENA – Appellant
Versus
NANDA BISWAL – Respondent


Advocates Appeared:
R.C. Patnaik, for the Appellant; None, for the Respondent

JUDGMENT :

S. Acharya, J. - Petitioners Gani Jena, Budhi Jena and Kartik Jena stand convicted under Sections 379 and 504, Indian Penal Code and each of them have been sentenced to pay a fine of Rs. 30/- on each count, in default to undergo S.I. for 10 days on each count. The other three Petitioners stand convicted only u/s 504, Indian Penal Code and each of them have been sentenced thereunder to pay a fine of Rs. 30/-, in default to undergo S.T. for 10 days.

2. Mr. R.C. Patnaik, the learned Counsel for the Petitioners did not challenge the conviction of the above named three Petitioners for the offence u/s 379, Indian Penal Code. He solely challenged the conviction of the Petitioners u/s 504, Indian Penal Code, on the contention that by the mere use of the abusive words ?Sala Sasura?, as found to have been addressed by the Petitioners towards the complainant, would not constitute an offence u/s 504, Indian Penal Code as these words are generally and commonly used in course of any both exchange of words by people of ordinary standing, and those words are not of such provocative nature as to in suit any person of normal temper so as to cause him to break the public peace, or to commit






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