PADMANABHIAH J. - (1.)This is an appeal preferred by the appellant-complainant against the order of the learned First Class Magistrate, Civil Station, Bangalore, in C.C. No. 611 of 1955, acquitting the respondent-accused of an offence under Section 323 I.P.C.
(2.)The facts that have given rise to this appeal are briefly as under : The appellant and respondent were the complainant and accused respectively in C. C. No. 611 of 1955 on the file of the learned First Class Magistrate, Civil Station. The case for the complainant was that he and the accused are two of the Committee Members of the Bangalore Committee of Mysore State Football Association, that a monthly meeting of that Association was held on 4-5-1955 at No. 113, B. Brigade Eoad, that, when one of the subjects was being discussed, the complainant got up to speak which the accused opposed, that after obtaining the permission of the President the complainant got up to speak, that the accused sprang up and caught hold of the complainant's collar and assaulted him which resulted in injury to the complainant and that the accused thereby committed an offence under Section 323 I.P.C.
(3.)Three prosecution witnesses were examined including the complainant. A charge under Section 323 I.P.C. was framed against the accused and subsequently the case was posted for further cross-examination of the prosecution witnesses. On 12-12-1955 the complainant and the prosecution witnesses were absent and the learned Magistrate acquitted the accused under section 258 (1) of the Criminal Procedure Code as the complainant and the witnesses were absent and as they were not available for further cross-examination at the hands of the accused. It is against that order of acquittal that this appeal is preferred.
;