Mittee, Sen, J. - (1.) This revisional application is directed against an order of the Additional Sessions Judge, Alipur, directing commitment of the petitioners Sambhu Charan Mondal and four others in respect of an offence under section 304 of the Indian Penal Code. The Magistrate before whom the case was pending had framed a charge against the petitioners under section 147 | 323 of the Indian Penal Code and was proceeding with the trial of the case himself. At that stage the complainant Lalit Chandra Sarkar filed an application under section 437 of the Code of Criminal Procedure before the learned Sessions Judge and the learned Additional Sessions Judge who heard the application directed commitment as already stated.
(2.) The facts of the case are briefly as follows:
(3.) The complainant Lalit Chandra Sarkar together with his brothers and father claimed to be in possession of C.S. plot No. . . 300 of Mouza Magurkhali on the strength of a purchase from Surat Ali Sarkar and others by a sale deed. The plot in question is to the adjacent south of the homestead of the complainant Lalit Chandra Sarkar. A hut had been erected by the complainant on the plot of land three or four days before the date of occurrence which took place on 18th October, 1953. In the night of 17th | 18th October, 1953, the complainant's father Bhusan Sarkar was sleeping in the aforesaid hut. In the early morning the accused petitioners Sambhu Mondal, Rakhal Bachhar, Birendra Roy, Pulin Goldar, Bistu Namasudra and others came up there armed with lathis and trespassed into the hut and beat Bhusan Sarkar, father of the complainant, with lathis.;