Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Emperor Vs Altaf Mian

2 min read

Citations: Emperor Vs Altaf Mian, (1907) 27 AWN 186

Date of Judgment: 29/05/1907

Equivalent Citations: N/A

Case No: Criminal Revision No. 226 of 1907

Case Type: Criminal Petition

Petitioner: Altaf Mian

Respondent: State

Bench: Hon’ble Justice Dillon

Court: Allahabad High Court

Statutes Referred:

  • Indian Penal Code, 1860; Sections 332, 352, 355

Facts:

  • The petitioner Altaf Mian while under trial before the District Magistrate, struck Lekha Singh, a Sub-Inspector of Police, who was giving evidence in that case. The blow was to some extent diverted by a constable, but fell on the Sub-Inspector’s back.
  • Therefore, the petitioner has been convicted of an offence under Section 332, Indian Penal Code, 1860, and sentenced to two years’ rigorous imprisonment under these circumstances. 

Issues Involved:

  • Whether the petitioner is liable under Section 332 of the Indian Penal Code, 1860?
  • Whether the petitioner is liable under Section 355 of the Indian Penal Code, 1860?

Contention of Petitioner:

The counsel for Petitioner contented that:

  • The conviction under Section 332 was inappropriate, and that it should be altered to one under Section 352, Indian Penal Code, 1860.
  • The petitioner asks for a reduction of the sentence on the ground that the maximum sentence is not called for in this case. 

Contention of Respondent:

The counsel for Respondent contented that:

  • On the finding of the learned Magistrate, which has been confirmed on appeal by the Sessions Judge, the intention with which the assault was committed was to dishonour the Sub-Inspector.
  • Upon that finding, as the learned Assistant Government Advocate points out, the petitioner would have been more appropriately convicted under Section 355, Indian Penal Code, 1860 instead of Section 332.

Judgment:

The petitioner was convicted under Section 355, Indian Penal Code, 1860 with a rigorous imprisonment of one year, of which one month will be solitary confinement.

The Application was Dismissed.

Ratio Decidendi:

  • On the finding of the learned Magistrate, which has been confirmed on appeal by the Sessions Judge, the intention with which the assault was committed was to dishonour the Sub-Inspector.
  • Under the circumstances of this case the sentence passed upon the petitioner was too severe.

Conclusion:

Assault is basically the apprehension that the other person is going to get hurt. It is done to another person with the use of criminal force with the ill will to harm the other person. Any person who assaults any other person by using criminal force, he may be punished or fined, or both, according to the Indian Penal Code. 

Drafted By: Kimi Kantak, Govind Ramnath Kare College of Law

Edited by: Aashima Kakkar, Associate Editor, Law Insider

Published On: November 23, 2021 at 13:30 IST