BADARUDDIN AHMED Vs. C.K. THAKURIA AND ANR.

JUDGEMENT

(1.) THIS is a revision against the order of the Magistrate by which he has discharged the accused under Section 209, Criminal Procedure Code, of the charge under Section 330, Indian Penal Code.

(2.) THE case was started on a complaint. The complainant's case is that on the night of 21st/22nd November, 1959, he was separated from the other under -trial prisoners in the Thana lock -up and was assaulted by the Officer -in -charge Sri C.K. Thakuria with a thick rope and a glass insulator. His further case is that on the 23rd November, 1959, he was again assaulted by the Sub -Inspector of Police with a view to extract a confession from him. The Magistrate on enquiry came to the conclusion that there was no material to prove the incidents of the night of 21st/22nd November, 1959. He states that P.W. 3 Bholanath De by merely hearing the screams cannot say that it was the accused who assaulted the complainant and that he was assaulted with a view to extract confession. On that finding he has not framed charge so far as the incident of the night of 21st/22nd November is concerned. To that extent no objection can be taken to the order of the Magistrate.

(3.) DR . Medhi has relied upon the case of Ramgopal Ganpatrai v. : 1958CriLJ244 , in support of his contention that there is a marked distinction between the language employed in Section 207A of the Code of Criminal Procedure and Section 209. He has particularly drawn my attention to the following observations made at pages 105 and 106 of the report.