ALI ALTAF HOSSAIN Vs. GOLAM RAHAMAN MALLIK

JUDGEMENT

(1.) These three petitioners have been convicted by a Magistrate of the first class at Seram-pore under Section 323 of the Indian Penal Code. Petitioner Ali Altaf Hossain has been sentenced to pay a fine of Rs. 80/-, in default to suffer simple imprisonment for one month. Each of the other two petitioners has been sentenced to pay a fine of Rs. 40/-, in default to suffer simple imprisonment for thirty days.

(2.) The case for the prosecution briefly was that the complainant had worked as a labourer under Ali Altaf Hossain some time prior to 3-10-1957. On the last mentioned date the complainant approached petitioner Ali Altaf Hossain to ask for his dues when Ali Altaf got annoyed and beat up the complainant. The other two petitioners also joined in the assault. The injuries which were suffered as a result of the assault were examined by a Doctor at Serampore on the day following. The complaint out of which this Rule arises was instituted in Court on 10-10-1957.

(3.) Several witnesses were examined by the complainant in support of the case made by him. The petitioners denied the charge and the defence was that they had been falsely implicated out of grudge and enmity.