SUNIL KUMAR GHOSH Vs. AJIT KUMAR DAS

JUDGEMENT

(1.) This Rule is at the instance of the de facto complainant and is against an order dated the 31st May 1960 passed by Shri S.L. Roy, Magistrate, First Class, Howrah, acquitting the accused opposite parties, who are 4 in number, under Sections 427, 447 and 323, I. P. C.

(2.) Bereft of all verbiage, the prosecution case inter alia is that Shri Sunil Kumar Ghosh (P. W. 1) is a partner of Das Ghosh and Co. having amongst others a shop or a 'gola' of building materials at 127, Netaji Subhas Road, Howrah. On the 26th July, 1964 at about 8.15 A. M. when the said P. W. 1 was working in this shop, the accused opposite parties came in a body and started breaking down the northern, fencing thereof. They threatened to assault the complainant when the latter protested and came upon the land of the gola, forcing the complainant thereby to run away in fear. P. W. 1 proceeded to the police-station where he lodged a F. I. R. (Ext. 1) over the said incident which was witnessed by P. Ws, 2, 3 and 4 while P. Ws. 5 and 6 reached the place of incident thereafter to witness the damaged fencing. P. W. 11 was deputed by P. W. 9, who recorded the F. I. R., to investigate the case and the said P. W. 11 visited the place of incident on the same date and seized under a search list (Ext. 2) some broken bamboos etc. in the presence of P. W. 10. It is further stated that prior to the incident mentioned above, at about 7 A. M. on the same date P. W. 8, Assistant Sub-Inspector, served a notice tinder Section 144, Cr. P. C. upon the accused persons on the complaint of P. W. 1. The accused opposite parties were ultimately placed on trial before Shri S.K. Mukherji, Magistrate, First Class, Howrah, to answer charges under Sections 427, 447 and 323, I. P. C.

(3.) The defence case in short is that the accused persons are not guilty and that this is a false case, engineered by P. W. 1, to implicate the said accused persons under Section 188, I. P. C.