H MEREDITH Vs. SANJIBANI DASSI

JUDGEMENT

(1.) In this case the accused, petitioner one H. Meredith, a bailiff of the Small Cause Court, has been convicted under Section 323 of the Indian Penal Code and sentenced to pay a fine of Rs. 50.

(2.) It appears that at about 4 P.M. on the 31st of January 1913, he was entrusted with a writ or warrant (Exhibit M) which required and authorised him "to give possession" to the decree- holder Kali Charan Pal, of certain premises then in the occupation of the judgment-debtor, Purna Chandra Pal. As the warrant was to be executed that very day, he forthwith proceeded on his errand, reached the premises (No. 4, Jagannath Suri s Lane) at or about 4-30 to 4-45, and, as he reported on the 31st, succeeded "after considerable difficulty" in giving vacant possession to the decree-holder at five minutes after 6.

(3.) At 11-45 P.M. a complaint was lodged against him and his companion, one Boms-witch at the neighbouring thana. The complaint was made by the judgment debtor, Purna Chandra Pal, or by the judgment-debtor s wife, one Sanjibani Dasi, and was summarised in the thana Daily Register of Cases as follows: Assault(i.e., on Sanjibani), abrasion marks (chila dag) on both elbows, abrasion mark on right knee, and pain all over the body complained (or spoken) of: (she) does not want to go to hospital.