ANJALI POREL Vs. SANTOSH GHOSH

JUDGEMENT

(1.) This is an appeal by the complainant against an order dt.29-7-1983 passed by the Additional Chief Judicial Magistrate, Sealdah in Case No.C-234/83 under S.256(1) of the Criminal P.C. acquitting the accused-respondents on the ground that the appellant was found absent on repeated calls.

(2.) The complainant-appellant filed a petition of complaint against the accused-respondents on 13-4-83 alleging that the appellant is a maid servant in the employ of Sri Anil Kumar Bhandary who is an Advocate practising in this Hon'ble Court. The respondents Nos.2 and 3 are monthly tenants in respect of only one room in the ground floor of premises No.4, Ram Ratan Basu Lane and one common bath-cum-privy and water tap in the ground floor. The accused-respondent No. 4 is a friend of the respondent No.3 and often visits her. The accused-respondents who are of very bad temperament and for a long time were on bad terms with the master of the appellant and the member of his family over the use of the said common privy-cum-bath room and water tap on the ground floor. On April 3, 1983 at about 9.15 P.M. as soon as Anil Bhandary had arrived from his home town at Arambagh and reached the common courtyard of the said premises the respondents Nos.2 and 3 started abusing the said Sri Bhandary. On hearing exchange of words the family members of Sri Bhandari came to the spot with Naren, servant of Sri Bhandari. The accused-respondent Santosh Ghosh came out of the tenanted room with a wooden stick and handed over the same to the respondent No.2 Bulu Pal who struck the said Naren with it. When the appellant protested the respondent No.2 Bulu Pal jumped upon the appellant, embraced her and tried to molest her outraging her modesty Sri Bhandari at that time went out to report the matters to his neighbours to seek their help. At the intervention of the said neighbours the respondents restrained themselves but in the meantime the said accused-respondents assaulted the appellant with wooden stick and fists and blows and further abused her with filthy language. Thereafter the appellant attended R.C. Kar Medical College and Hospital on the same day at about 11.20 P.M. for treatment of her injuries. Thereafter the appellant lodged a diary at the local police station and on April 13, 1983 when the police did not take any step in the matter the appellant filed a petition of complaint under Ss.323, 354 I.P. Code before the Additional Judicial Magistrate, Sealdah.

(3.) On 13-4-83 the learned Magistrate issued summons against the accused-respondents as a prima facie case has been made out under S.232/354 I.P.C. fixing 29-7-83 for service, return and appearance.