It was also alleged that the two accused assaulted Mohan Raghia, the son of the companyplainant also.
In acquitting the appellant Khalpa Kalia the Magistrate was swayed by the circumstance that his name was number at all mentioned in the F.I.R. although P. I. R. was lodged by Raghia Surji who had seen the entire occurrence and still he never indicated in the F.I.R. that the second appellant Khalpa had assaulted anybody.
Even the fact that Lallu Ram was assaulted by the appellants was number mentioned in the F.I.R. Furthermore, while the companyplainant mentioned the presence of his son Mohan Raghia in the F.I.R. he did number mention that Mohan Raghia was also beaten.
On the day of occurrence the companyplainant Raghia Surji was assaulted by Raman Kalia and Khalpa Kalia in front of the house of Lallu Ram who was also assaulted.
The Magistrate acquitted the accused on the ground that numbersufficient evidence was led before the Court.
Murtaza Fazal Ali, J. The appellants have been companyvicted under Section 323, I.P.C. and sentenced to nine months R.I. by the High Court, which set aside the order of acquittal passed by the trial magistrate on appeal to it by the State.
The judgment of the High Court and that of the trial Court, companytain a detailed narrative of the prosecution case.
