GANESH CHANDRA SAHA Vs. JIW RAJ SOMANI

JUDGEMENT

(1.) This revisional application is directed against an order of conviction and sentence under Section 323 of the Indian Penal Code.

(2.) The complainant's case was as follows: He was a student of Class VII of Samshi Secondary School in the district of Malda. The petitioner was the Head Master of the School. On August 12, 1961, during school hours one other student named Hiran lost one of his books while in the School. The complainant was found to have stolen that book. The petitioner thereupon treat him with a cane and also gave him fists and blow.

(3.) The petitioner was on this allegation tried tinder Section 323 of the Indian Penal Code. He pleaded not guilty. The learned Magistrate convicted the petitioner under Section 323 of the Indian Penal Code and sentenced him to pay a fine of Rs. 15/- in default to suffer simple imprisonment for three days.