STATE Vs. NARAMUDDIN AHMED

JUDGEMENT

(1.) THE State of Assam has appealed from an order o Mr. B. R. Das, Magistrate 1st Class, Mangaldai, dated 25 -8 -1952 by which he acquitted Naramud -din Ahmed and Roisuddin Kabiraj rinding them nut guilty of offences with which they had been charged. Roisuddin has died. The appeal against him has abated. It is now directed against the acquittal of Narumuddin Ahmed alone.

(2.) THE proceeding was initiated on a complaint by Md. Foimuddin Gaobura. The complaint was Under Sections 342/161/381, IPC It embodies a very brief statement of the prosecution case. It discloses that the two accused Naramuddin and Roisuddm called him (complainant) from Tengani Hatkhoia oil 5 -3 -1951 tied his hands and kept him in confinement for about an hour in front of the shophouse belonging to one Dhuler Pathak. Roisuddin, accused, got Rs. 200/ - m cash from his father Jaimuddin and released him.

(3.) THE Magistrate held a preliminary enquiry on 12th May at Tengani. He examined witnesses produced by the complainant, some court witnesses, the relevant papers and also the place of occurence. He also directed the complainant to produce other witnesses on 14th May, 1951. On 14th May, the complainant expressed his inability to produce any more witnesses stating that Roisuddin was threatening the witnesses with harm and they were afraid of coining to Court. He then ordered the accused to be summoned and wrote to the Superintendent of Police, Darrang, for sanctioning the prosecution of A. S. I. Naramuddin Ahmed.