GOLAK NATH Vs. BAPIRAM BORA

JUDGEMENT

(1.) THIS reference is by the learned Sessions Judge, U. A. D., at Jorhat recommending quashing of an order of conviction under Section 323, Indian Penal Code passed by the learned Judicial Magistrate, First Class, Colaghat.

(2.) THE facts briefly are that on 12.6.1969 the complainant went to the accused, who was a Clerk in the Post Office, in connection with some entries in the pass book. There some altercation took place and the complainant, who happens to be the President of the Goan Panchayat, felt nettled and humiliated by the conduct of the accused who wanted him to clear out of the office by abusing him. On the next day when he was at a certain place near the Badulipara petrol pump the accused assaulted him in presence of witnesses. He, therefore, brought a complaint before the Magistrate on 27.6.1969 and the Magistrate after making a preliminary enquiry under Section 202, Criminal Procedure Code summoned the accused under Section 323, Indian Penal Code. In course of the hearing 5 prosecution witnesses were examined including the doctor. The accused was examined under Section 342, Criminal Procedure Code at the close of the prosecution and a defence witness was also examined. The accused denied having assaulted the complainant. The defence evidence was rejected by the learned Magistrate and on the evidence of the prosecution witnesses, which was believed, the learned Magistrate convicted the accused. The accused then went in revision before the learned Sessions Judge, who has recommended by this reference to set aside the conviction and sentence.

(3.) THE only ground which the learned Sessions Judge has given and which is pressed into service by Mr. Choudhuri appearing on behalf of the accused, is that on the date the accused entered appearance in answer to the summons, the allegations of the complainant were not put by the Magistrate to the accused under Section 242, Criminal Procedure Code Mr. Choudhuri, therefore, submits that there is a clear violation of Section 242, Criminal Procedure Code which has vitiated the entire trial. Mr. Choudhuri, also submits that there is no adequate compliance with the provisions of Section 342, Criminal Procedure Code After the amendment of the Criminal Procedure Code in 1955, two new sub -sections have been added to Section 204 of the Code of Criminal Procedure. We are concerned only with Section 204 (1 -B), which may be quoted.