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1 - 4 of 4 (0.16 seconds)Section 448 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Shri Roshanlal Gautam vs State Of Uttar Pradesh And Others on 26 October, 1964
In the decision Roshanlal v. State of M.P., 1966 MPLJ Note 172 the accused uttered in the course of assault on the complainant that he would kill and cut the complainant into pieces. It was held that the words were uttered in the heat of moment, more as a bravado than with intent to intimidate or threaten to cause death or grievous hurt. It was also observed in that decision that it is notorious fact that people in this country use words and utter threats at the slightest provocation but which are well understood to be mere epithets of vulgar abuse conveying no well formed determination to carry the threat into execution. On this reasoning the accused was acquitted of the offence of criminal intimidation in that case. In the present case there was no occasion for the accused to get worked up or aroused. There was no question of his uttering words signifying no more than sound and fury. The accused without any pretext or justification deliberately and purposely gave threats to the Professor. There could be no doubt that he intended to intimidate and threaten the Professor. His threats also caused alarm to the Professor, who had to be taken by two members of his staff to the principal's room. The police was telephoned and when the police arrived the Professor gave written report. The entire conduct of the Professor shows that he was alarmed. The admission made by him in the witness box that students often gave threats to their Professors, was also explained by him by saying that threats are not given for causing death, like the accused did. This could hardly be utilised by the learned Magistrate to support his conclusion that no offence was committed. On the other hand, this showed the kind of indiscipline prevailing in educational institutions and should have been a ground to take a more serious view. There was no doubt that the accused in purposely and calculatingly uttering threats to kill, committed the offence under Section 506, Part II, Indian Penal Code.
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