- (1.) THIS is an appeal against acquittal. At the time of the hear ing, neither the respondents nor their counsel appeared. The records of the trial Court were perused with the assistance of the learned A. G. A.
(2.) ACCORDING to the complaint lodged by Isri appellant against the four respon dents on 26-5-1979 before the IInd Special Judicial Magistrate, Mirzapur, it was stated that on 4-5-1979 at about 7. 00 a. m. a cow of the accused-respondents was fight ing with the cow of Isri complainant; that Isri rushed towards them and tried to dis engage them, but they were fighting so fiercely that he had to give beating to the two cows, to separate them; that in the meantime accused-respondents armed with sticks reached there and on account of long animosity, threatened Isri com plainant-appellant with death and started assaulting him with sticks, that Isri suf fered injuries; that the occurrence was seen by Garib, Deenu and Satya Narain and others who intervened (sic) the ac cused would have killed him; that the ac cused left with threat of death of Isri; that a report was lodged by Isri at the police station and his injuries were examiend by the doctor; that when no action was taken by the police on his report, this complaint was being filed. Charges under Sections 323, 504 and 506, I. P. C. were framed against the accused. In support of the charges, Isri P. W. 1, Satya Narain P. W. 2 and Garib P. W. 3 were examined. Constable Sadanand Yadav P. W. 4 was examined to prove the F. I. R. lodged by Isri on 4-5-79 at 8-40 a. m. against the accused- respondents. Dr. A. K. Bapuna, Medical Officer In-Charge, Mote Allopathic Dispensary (Male) Adalhat, Mirzapur, who had examined the injuries of Isri at about 11-45 a. m. on 4-5-1979 was examined as P. W. 5.
(3.) THE accused claimed that the case had been instituted against them out of enmity, but neither put up an alternative version nor led any defence evidence. The learned Magistrate dis believed the prosecution evidence giving his reasons and acquitted the accused.;