Banshi vs Ramkishan - 1997 Supreme(MP) 1097

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Applicant : Rakesh Saxena.
For the Respondent: R.P. Johri.

Headnote:(1) Indian Penal Code, 1860 – S. 294 – mere utterance of some abuses – not sufficient to constitute offence under.
       (2) Indian Penal Code, 1860 – S. 147, 323 and 506B – accused acquitted for offences under S. 323 and 506B – no question of force or violence being used arises – they should be acquitted also for offence under S. 147.
        Short Note
       1. Relying upon the decision given by this Court in Sobran Singh vs. State of M.P. 1962 JLJ 135, the learned counsel for the petitioners submits that merely because, some abuses are hurled, the case would not be covered by section 294 of the Indian Penal Code. In the above case, it was observed that sometime some words are used in local language without literal significance being attached to them with the use of these words. It was held that it would not come within the purview of section 294 of the Indian Penal Code.
       2. Dealing with this aspect of the matter, it was observed:
       "The test of obscenity is whether the tendency of the matter charged as obscenity is to deprive and corrupt those minds are open to such immoral influences fitly abuses which are uncommon alone are not sufficient to constitute an offence under section 294 of IPC. Merely platitudinous utterances signifying the enraged state of the accused mind would not be sufficient to attract the application of the provisions of section 294 of IPC."
       3. In this case, all that is come on the record is that some abuses were given. This case is as such, squarely covered by the ratio of the decision rendered to above. It is accordingly held that offence under section 294 of the Indian Penal Code is not found to be established.
       4. It be further seen that the petitioners were convicted under section 147 of the Indian Penal Code also. The petitioners were acquitted under sections 323 and under section 506B of the Indian Penal Code. As such, there was no question of force or violence being used by the petitioner. Accordingly, case under section 147 of IPC is also not made out. This petition is allowed. Conviction under section 294 and 147 of IPC is set aside. Fine, if deposited be refunded.