Queen-Empress vs Maheshri Bakhsh Singh

Straight, Offg. C.J.

This conviction cannot be sustained. There is a serious conflict of testimony as to the words which were used by the petitioner regarding the complainant Niamat Ali, and it is exceedingly doubtful, upon the face of the whole evidence, whether any such threat of injury, as came within Section 189 of the Penal Code, was held out by the petitioner to the complainant. I do not agree with the Judge''s observation, that it is immaterial what the words used actually were; on the contrary, it was most material that those words should be before the Court to enable it to ascertain whether, in fact, a threat of injury to the constable was really made by the petitioner. It does not appear in what mode the complainant was conducting his examination of the several persons suspected of participation in the burglary, and it is possible that he conducted it in such a manner as might properly elicit from the petitioner a remonstrance or observation as to the impropriety of his conduct, accompanied by a threat to complain of him, which under such circumstances could not be the subject of a charge u/s 189. However this may be, the case is such a doubtful one that the conviction is not sustainable. The application for revision must, therefore, be allowed, and quashing the orders of the Magistrate and the Judge, I acquit the petitioner, and direct that he be at once released, and that the fine, if realized, be refunded.