The State of Assam has appealed from an order of Mr. B. R. Das, Magistrate 1st Class, Mangaldai, dated 25-8-1952 by which he acquitted Naramud­din Ahmed and Roisuddin Kabiraj finding them not guilty of offences with which they had been charged. Roisuddin has died. The appeal against him has abated. It is now directed against the acquittal of Naramuddin Ahmed alone.

(2) The proceeding was initiated on a complaint by Md. Foimuddin Gaobura. The complaint was under Ss. 342/161/381, I. P. C. It embodies a very brief statement of the prosecution case. It discloses that the two accused Naramuddin and Roisuddin called him (complainant) from Tengani Hatkhola on 5-3-1951 tied his hands and kept him in confinement for about an hour in front of the shophouse belonging to one Dhuler Pathak. Roisud-diu, accused, got Rs. 200/- in cash from his father Jaimuddin and released him.

(3) The complaint was put in on 7th May 1951, the occurrence was alleged to have taken place on 5-5-1951 which was a Saturday. The complainant was examined on his complaint. He then stated that the accused had called him to the court­yard of Pathak. They had two constables with them whom they asked to arrest