PANNALAL SHOW Vs. NANIGOPAL BISWAS

JUDGEMENT

(1.) THIS is a Rule obtained by the two accused Pannalal Shaw and Chunilal Shaw who have been convicted of having caused hurt to the complainant Nani Gopal Biswas and sentenced to pay a fine of Bs. 30 in default to suffer rigorous imprisonment for 3 period of one month. The complainant's case briefly is as follows ; The complainant is a tenant of the two accused. His rent fell into arrears. On 6th September 1947 there was an alternation between the accused landlord and the complainant over the matter of rent and the accused Pannalal beat the complainant with his fists and shoes. The accused Chunilal beat the complainant; with a lathi. As a result; of the beating the complainant sustained injuries. Some persons came and prevented the complainant from being further beaten. Then the two accused persons got the complainant arrested on a false charge that he was drunk and disorderly and had him taken to the thana where a petty case of drunken and disorderly behaviour was started. This in short is the case for the prosecution. The defence taken is that the complainant was drunk and riotous on the street and at the instance of the accused party he was arrested by the police. The complainant was annoyed at the interference by the accused and started a false case of hurt against the accused.

(2.) FOUR witnesses were examined on behalf of the prosecution, and of these four witnesses, witnesses 9 and 3 have not been tendered for cross -examination and therefore their evidence mast go out. Witness 4 is the complainant himself and witness 1 for the prosecution is a took who has not much of a reputation. He was involved in a theft case but he says that he was acquitted in that case.