Sen, J. - (1.) This Rule which was issued on limited grounds is directed against an order of conviction under Section 323 of the Indian Penal Code and a sentence of fine passed on the petitioner by Sri A. P. Goswami, Magistrate, 2nd Class, Burdwan which was confirmed on appeal by Sri H. N. Sen, Assistant Sessions Judge, Burdwan.
(2.) The two grounds on which the Rule was issued were these : "Ground No. II: For that there has not been proper compliance with the provisions of Section 423 of the Code of Criminal Procedure and as Such the order of conviction ought to be set aside. Ground No. IV : For that the learned Judge has not considered the defence evidence at all and as such the order of conviction is bad in law."
(3.) In my view, the more substantial point arising in this case is that the learned Judge has not considered the defence evidence at all.;