B. C. Chakrabarti, J. :- This revisional application is directed against an appellate order confirming the conviction of the petitioner under S.325, I.P.C. and the sentence of simple imprisonment of one month and fine of Rs.300/- in default to further simple imprisonment for two months.

2. The case was started on a petition of complaint filed by the opposite party No.2 being case No.556 of 1977 in the court of the Judicial Magistrate, First Class, Hooghly. This petition of complaint was filed on 14-7-1977. The complaint was preceded by an information at the police station which was recorded in the general diary being entry No.632 dated 27-6-1977. In this G.D. at the instance of Narayan Chandra Pandit, the complainant, it is alleged that on the previous evening at about 8/8.30 p.m. the informant's nephew Gopal Kundu. Nepal Kundu, Tarak Kundu, Gour Pandit, Haridas pandit, Kesto Pandit and Ranjan Pandit trespassed into the house of the informant and assaulted the informant and his wife Sm. Durga Rani Pandit with bamboo sticks as a result whereof both of them sustained injuries. After this the opposite party No.2 filed a complaint on 14-7-1977 in which it is alleged that the ac