Shyamlal Mehar vs State Of Chhattisgarh on 7 August, 2025

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laid down that a public place “is a place where the public go,

no matter whether they have a right to go or not”, and this

definition has been accepted by subsequent judicial

decisions both in India and in England. A place in order to

be public, must, therefore, be open to the public i.e. a place

to which the public have access by right, permission, usage

or otherwise.

24. It is apparent from the evidence of aforesaid prosecution

witnesses that the alleged incident took place in school

office and the independent witnesses PW1 and PW-2 have

not supported the prosecution case & Vidyadhar Thethwar

(PW-8) has admitted that the appellant has also filed

complaint against him. Further, in para 13, PW-8 has

admitted that in the instant incident, an inquiry was also

conducted by the office and the same was done by Block

Education Officer Mr. Swarnkar. He has also admitted that

during inquiry, their statements were recorded by Mr.

Swarnkar. He does not know that what conclusion was

drawn by the Investigating Officer in the Departmental

Inquiry. He cannot tell that whether the conclusion was

given in the investigation that the incident he described did

not occur. In para 14, he has also admitted that complainant

tried to intervene the dispute in the office room and then the

alleged incident of uttering caste remark took place. The

incident which took place in office room was subsided later

and he (PW-8) went from there, thereafter, no incident was

taken place with him on the same day. He has also stated

that he has no knowledge whether complainant (PW-5)

lodged any report in Harijan Police Station on 2-3rd day of

the incident or not. Having noticed the above fact, it is clear

that the incident took place in the room of the school and as

per Section 294 of IPC, it is not a public place. The

independent witnesses have also not supported the case of

the prosecution. The prosecution has utterly failed to prove

its case beyond reasonable doubt. So, Section 294 of IPC is

also not made out against the appellant.



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