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 P. C. 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 P. C. 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 reference is, therefore, rejected.