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1922 Supreme(Lah) 32
Lahore High Court
Shadi Lal, J.
Matu Ram & Ors. - Appellants
Versus
Emperor - Respondent
Decided On : 18-11-1922
JUDGMENT
Shadi Lal, C J - The petitioners have been fined under Section 186, Indian Penal Code, for voluntarily causing obstruction to a Naib-Tahsildar in the discharge of his public functions, the contention Urged on their behalf is, that on the facts found by the learned District Magistrate the case does not fulfil the requirements of the aforesaid section.
2. It appears that the Naib-Tahsildar of Income Tax visited the village of the petitioners where he was told by the Lambardars that the petitioners kept several shops and ought to be assessed. A dispute then took place between the Lambardars on the one side and the petitioners on the other, and it is alleged that the Lambardars were, in the course of the quarrel, assaulted and beaten. They thereupon filed complaints under Section 323, Indian Penal Code, but these cases have been compounded.
3. The case, out of which this application for revision arises, relates to the alleged obstruction offered to the Naib-Tahsildar. Now, the learned District Magistrate finds that the Naib-Tahsildar was obstructed because the Lambardars, "whom he called in, as he bad a right to do, to aid him in his investigation were assaulted and beaten." I consider that this is a far-fetched view. The learned Magistrate does not find that the petitioners either assaulted the Naib-Tahsildar or made any gestures, and I am not prepared to bold that the mere fact that the Lambardars who were assaulted, declined to render any help to the Naib-Tahsildar in his investigation can be viewed as an obstruction caused by the petitioners.
4. Accordingly, I hold that the guilt of the applicants under Section 186, Indian Penal Code, has not been made out and, setting aside their convictions, I direct that the fines be refunded to them.
