Dadia Ottamchand Motichand And Anr. vs Hemkunver Popatlal And The State on 18 November, 1960
1. This is a reference by the learned Sessions Judge of Jamnagar recommending that the conviction of two persons Dadia Ottamchand Moti-chand and Dadia Manharlal Ottamchand under Section 504, Indian Penal Code, by the Judicial Magistrate, First Class, Jamnagar, be set aside. The two persons were also convicted under Section 323, Indian penal Code by the learned Magistrate and the learned Sessions Judge observed that the conviction under Section 323, Indian penal Code was quite proper and did not justify any reference to the High Court. But, in regard to conviction under Section 504, Indian Penal Code, he made a reference holding that all that is proved is that the complainant who is woman by name Hemkunvar who is a tenant of the applicants was going to bring water from a common tap, and at that time Ottamchand tried to close the door and refused to allow her to go by that way. The woman however began to go inspite of the obstruction and thereupon both the applicants abused her using obscene words. The learned Sessions Judge therefore thought that abuses were given on a sudden petty quarrel between a landlord and a tenant in connection with drawing of water and that the intention in giving the abuses was not to insult the complainant and to provoke her into committing breach of public peace. He relied upon the case of Vaz v. Dias 32 Bombay Law Reporter 103 and held that the ingredient of intention to insult was lacking in the case. He also held that the nature of the abuses was not known but observed that it is true that it would be virtually impossible for a woman to reproduce the exact words uttered in Court of Law. He observed that the Court must be placed in possession of material showing the nature of abuses used. The learned Sessions Judge further observed that merely from the fact that obscene abuses had been given it was not possible for the Court to infer that the nature of the insult was such as to give provocation to the person insulted to cause breach of public peace. He therefore thought that the conviction under Section 504 Indian Penal Code is wrong and has therefore made a reference to the High Court to set aside the conviction under Section 504 Indian Penal Code.