KALI PADA DAS Vs. STATE

JUDGEMENT

(1.) These three petitioners have been convicted by a Magistrate of the First Class, Howrah, under Section 323 of the Indian Penal Code and each sentenced to pay a fine of Rs. 20/- in default, to suffer rigorous Imprisonment for five days. The petitioners applied to the Sessions Judge of Howrah for a reference to this Court with the recommendation that the convictions and sentences be set aside. The learned Judge, however, declined to interfere. The petitioners then obtained the present Rule.

(2.) The prosecution case briefly is that on 20-1-1954, at about 5-45 p. m. when the complainant was taking tea at a tea shop, petitioner Kamdeo appeared and told him that his brother was calling him to his house. The complainant came out of the shop and while he was proceeding towards his house, he was dragged inside Dolgovinda Sing Lane and assaulted with lathi, fists, blows etc., by the petitioners. At the approach of witnesses the miscreants left the place, and the complainant thereafter lodged information at the Golabari P. S. He also reported the matter to his office at Netaji Subhas Road and showed the injuries to the men there. Upon these allegations the petitioners were charged under Sections 147 and 323 of the Indian Penal Code.

(3.) The petitioners denied the charges, and the case was that they had been falsely implicated at the instance of certain factory authorities. The Trying Magistrate found that the charge under Section 147 of the Indian Penal Code was not sustainable in law, and in that view of the matter he acquitted them of that charge. He, however, found the petitioners guilty under Section 323 of the Indian Penal Code.