DURGA CHARAN SINGHA Vs. ISAMUDDIN MAHMUD

JUDGEMENT

(1.) The present petitioners were tried by a Magistrate of the 2nd class on charges Under Secs.384 and 312, Indian Penal Code. The case for the prosecution was that the petitioners, being members of the Home Guard, entered the house of the complainant one evening, searched his rooms on the allegation that a theft had taken place in the house of one Pagla and then took the complainant against his will to the house of Pagla and kept him under confinement until 10 P.M. They extracted from him a sum of as. 50 on a threat of preferring a criminal case against him and then allowed him to go.

(2.) The learned Magistrate found both the accused guilty and sentenced them on each count each to pay a fine of Rs. 200 and in default to undergo rigorous imprisonment for two month. He also directed that half the fine, if realised, should be paid to the complainant as compensation.

(3.) The petitioners appealed against the convictions and sentences and their appeal was heard by a Magistrate of the 1 class specially empowered to hear appeals; and the learned Magistrate in the Court of appeal below dismissed the appeal and upheld the conviction and sentences.