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1991 DIGILAW 86 (ORI)

LAXMIDHAR SETH v. STATE OF ORISSA

1991-03-23

S.C.MOHAPATRA

body1991
JUDGMENT : S.C. Mohapatra, J. - Frustrated Government servant under suspension waiting to face disciplinary proceeding against him has assailed his conviction and sentence u/s 44& IPC in this revision. 2. Prosecution case is that the petitioner went inside office room of the Subdivisional Veterinary Assistant Surgeon, Deogarh with a stone in hand. He used filthy language against Veterinary Assistant Surgeon, Reamal who was present there. He also threatened to throw stone at the Sub-divisional Veterinary Assistant Surg-eon on written report by the Sub-divisional Veterinary Assistant Surgeon, investigation was made and petitioner was charge-sheeted under Secs. 448/294/506, IPC. Petitioner has been acquitted u/s 506, IPC by the trial Court and has been acquitted of the charge u/s 294, IPC by the appellate Court. Question is whether he has committed offence u/s 448, IPC. 3. Both the Courts have held that accused went inside office room of the Subdivisional Veterinary Assistant Surgeon with a stone in hand and threatened to assault him. Office of Veterinary Assistant Surgeon is a public office. Entry thereto may not amount to house trespass. Where, however, a person with the ill motive of assaulting an officer has entered into a public office, the same would amount to house trespass. Evil intention can be inferred from conduct of the accused. Stone is not an ordinary companion of any person who goes to an office. When it is believed that accused went into the office with a stone in hand, the same amounts house trespass specially when clear evidence is that accused threatened to assault the Subdivisional Veterinary Assistant Surgeon. This threat has caused annoyance to the officer. Thus, offence u/s 448, IPC is made out. 4. Coming to the question of sentence, I find that accused-has committed the offence under mental strain when his bread was affected on account of suspension. Accordingly, the sentence is reduced to a fine of Rs, 100/- (one hundred) only, 5. In the result, criminal revision is dismissed subject to modification of sentence. Petitioner is convicted under Sec, 448 IPC and sentenced to pay a fine of Rs. 100/- (rupees one hundred only) in default to undergo S. I. for 15 days. Final Result : Dismissed