YOGOMAYA HAZRA. Vs. SYED MD. JASIN @ AZFOR

JUDGEMENT

(1.) This appeal is directed against the order of acquittal passed by the learned Additional Sessions Judge 1st Court Hooghly on 8th March 1990 in Criminal Appeal No. 62 of 1988, whereby and whereunder the learned Judge has set aside the order of conviction and sentence passed by the learned Judcial Magistrate Arambagh, Hooghly in Criminal Case No. 257 of 1981 under Section 323 of the Indian Penal Code.

(2.) The case of the prosecution in brief is that the complainant/petitioner filed a petition of complaint in the Court of the then Sub-Divisional Magistrate, Arambagh, Hooghly alleging inter alia that on 29th 1981 at about 4.00 p.m. the accused/opposite party Nos. 2 to 3 along with one Syed Md. Warish @ Babu trespassed into the house of the complainant abused her in filthy languages and Syed Md. Warish @ Babu suddenly held the tuft of the complainant and thereafter all the accused persons assaulted her with fists and blow.

(3.) Prosecution witness No. 1 that is the complainant has specifically stated in her evidence that all the accused abused and assaulted her at the time of such occurrence.