Case Note & Summary
The case involves a criminal revision application filed by Sunil s/o Janardhan Chavan challenging his conviction under Section 332 of the Indian Penal Code (IPC) for voluntarily causing hurt to a public servant in the discharge of his duty. The incident occurred during a XII standard History examination at Gurudeo Vidya Mandir, Jawala, where the applicant was caught with chits and a guide by the invigilator, Shri Gahankari. When the invigilator attempted to seize the material, the applicant punched him on the nose, causing his spectacles to fall and bleeding. The applicant also allegedly struck the invigilator on the chest. The trial court convicted the applicant under Sections 332, 353, and 186 IPC, and the appellate court confirmed the conviction under Section 332 IPC. The High Court examined whether the invigilator was a public servant and whether the assault occurred during the discharge of his duty. The court held that the invigilator, appointed by the school for conducting a public examination, was a public servant under Section 21 IPC, and the assault was in the course of his duty. The court found no merit in the revision and dismissed it, upholding the conviction and sentence.
Headnote
A) Criminal Law - Assault on Public Servant - Section 332 IPC - Invigilator as Public Servant - The court considered whether an invigilator appointed by a school for conducting a public examination is a public servant within the meaning of Section 21 IPC. The court held that the invigilator was discharging a public duty and thus was a public servant. The conviction under Section 332 IPC was confirmed. (Paras 1-3) B) Criminal Law - Obstruction of Public Servant - Section 353 IPC - The court also considered the applicability of Section 353 IPC for assault or criminal force to deter a public servant from discharge of duty. The court found that the accused's act of giving a fist blow to the invigilator while being caught with chits amounted to obstruction. (Paras 2-3) C) Criminal Law - Disobedience to Order of Public Servant - Section 186 IPC - The court examined whether the accused voluntarily obstructed the invigilator in discharge of public function. The court held that the accused's conduct of assaulting the invigilator constituted obstruction under Section 186 IPC. (Paras 2-3)
Issue of Consideration
Whether the invigilator was a public servant discharging his duty so as to attract Section 332 IPC, and whether the conviction under Section 332 IPC was sustainable.
Final Decision
The High Court dismissed the revision application and upheld the conviction of the applicant under Section 332 IPC.
Law Points
- Public servant
- duty
- assault
- hurt
- Section 332 IPC
- examination invigilator
- obstruction
- Section 353 IPC
- Section 186 IPC
