( 1 ) THIS revisional application is directed against an order of conviction and sentence under Section 323 of the Indian Penal Code.

( 2 ) THE complainant's case was as follows: He was a student of Class VII of Samshi Secondary School in the district of Malda. The petitioner was the Head Master of the School. On August 12, 1961, during school hours one other student named Hiran lost one of his books while in the School. The complainant was found to have stolen that book. The petitioner thereupon treat him with a cane and also gave him fists and blow.

( 3 ) THE petitioner was on this allegation tried tinder Section 323 of the Indian Penal Code. He pleaded not guilty. The learned Magistrate convicted the petitioner under Section 323 of the Indian Penal Code and sentenced him to pay a fine of Rs. 15/- in default to suffer simple imprisonment for three days.

( 4 ) MR. Chatterjee, who appears for the petitioner, does not question the finding of fact that 'the petitioner beat the complainant with a cane and gave him some fists and blows. He contends, however, that the petitioner has not committed, any criminal oftence in view of Sections 88 and 89 of the India Penal C