Is a conviction under Section 294(b) IPC sustainable without proof that the words caused annoyance to others?

No. A conviction under Section 294(b) IPC cannot be sustained where it is not the case of the prosecution that the abusive words uttered by the accused caused annoyance to others, an essential ingredient of the offence.

Indian Penal Code, 1860 — s.302 — s.304(II) — s.341 — s.294(b) — Proximate cause of death — Absence of treatment evidence — Culpable homicide not amounting to murder — Indian Penal Code, 1860 — s.302 — s.304(II) — Proximate cause of death not proved absent treatment evidence — Held: A conviction under Section 302 cannot stand where the prosecution fails to prove the injury was sufficient in the ordinary course of nature to cause death; testimony of neither treating doctor established that the head injury conclusively caused death after an eight-day gap between infliction and death. (¶15, 16) Indian Penal Code, 1860 — s.304(II) — Non-examination of treating doctor and case sheet — Effect on culpability — Held further: Non-examination of the doctor who treated the deceased during the intervening period and non-production of the case sheet deprives the accused of the opportunity to examine the nature of treatment, and benefits the accused by reducing the offence to Section 304(II) even where the overt act and resultant injury stand proved beyond reasonable doubt. (¶16, 17) Indian Penal Code, 1860 — s.341 — s.294(b) — Waylaying proved, abusive words not proved to annoy others — Held further: Conviction under Section 341 is sustainable where the prosecution establishes the deceased was waylaid before the attack, but conviction under Section 294(b) cannot be sustained where it is not shown that the words uttered caused annoyance to others. Appeal partly allowed; conviction altered from Section 302 to Section 304(II) IPC with five years' rigorous imprisonment, Section 341 conviction upheld, Section 294(b) conviction set aside. (¶18, 19)

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