Laxmidhar Seth Vs. State of Orissa

Laxmidhar Seth vs State of Orissa

Disposition Petition dismissed Court Orissa Decided Mar 23, 1991

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Citation: sooperkanoon.com/533033
Court: Orissa High Court
Judge: S.C. Mohapatra, J.
Decided On: Mar 23, 1991
Case Number: Crl. Rev. No. 446 of 1987
Subject: Criminal
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

- LABOUR & SERVICES Pay Scale:[Tarun Chatterjee & R.M. Lodha,JJ] Fixation - Orissa Service Code (1939), Rule 74(b) Promotion - Government servant, by virtue of Rule 74(b), gets higher pay than what he was getting immediately before his promotion - Circular Dated 19.3.1983 modifying earlier Circular Dated 18.6.198...

Key legal issue: Criminal
Outcome / disposition: Petition dismissed
Acts & sections: Indian Penal Code (IPC), 1860 - Sections 448

Parties & Advocates

Appellant / Petitioner

Laxmidhar Seth

Advocate S.S. Swain and B. Pujhari

Respondent

State of Orissa

Advocate D. Das, Addl. Standing Counsel

Legal References

Acts: Indian Penal Code (IPC), 1860 - Sections 448
Reported In: 1991(II)OLR295

Excerpt

- labour & services pay scale:[tarun chatterjee & r.m. lodha,jj] fixation - orissa service code (1939), rule 74(b) promotion - government servant, by virtue of rule 74(b), gets higher pay than what he was getting immediately before his promotion - circular dated 19.3.1983 modifying earlier circular dated 18.6.1982 resulting in reduction of pay of employee on promotion held, it is not legal. statutory rules cannot be altered or amended by such executive orders or circulars or instructions nor can they replace statutory rules. .....offence under section 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 under section 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.

Full Judgment

S.C. Mohapatra, J.

1. Frustrated Government servant under suspension waiting to face disciplinary proceeding against him has assailed his conviction and sentence Under Section 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 Under Section 506, IPC by the trial Court and has been acquitted of the charge Under Section 294, IPC by the appellate Court. Question is whether he has committed offence Under Section 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 Under Section 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.

Same Court & Year Orissa · 1991 Same Parties Laxmidhar Seth vs State of Orissa Same Subject Criminal Same Judge S.C. Mohapatra, J. Acts & Sections Indian Penal Code (IPC), 1860 - Sections 448

Criminal