LALIT MOHON GHOSH Vs. AJAMIL GHOSH

JUDGEMENT

(1.) This is an appeal from an order of acquittal dated 10.10.1977 passed by Shri S. M. Ghosh Hazra, Chief Judicial Magistrate, Hooghly in C.R. Case No. 132/72 T.R. 95/77.

(2.) The prosecution case is that at about 8.30/9.00 a.m. Puma Chandra Ghosh the father of the complainant-appellant was going back to his home at village-Patna within Police Station-Polba district-Hooghly when the appellant Ajamil dragged him inside his house. Thereafter the said accused, his two sons, Dhananjoy and Ashit-both appellant in this case-assaulted him by fists and blows and they also took away Rs. 7,000/- from his pocket and smeared his face with ink and lime.

(3.) It appears that the prosecution examined not less than 10 witnesses, yet the learned Magistrate acquitted all the accused persons from the charges under sections 353/355/323/325/379 of the Indian Penal Code. Hence this appeal.