Judgment

FAZAL ALI, J. :- The appellants have been convicted 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, contain a detailed narrative of the prosecution case. On the day of occurrence the complainant Raghia Surji was assaulted by Raman Kalia and Khalpa Kalia in front of the house of Lallu Ram who was also assaulted. It was also alleged that the two accused assaulted Mohan Raghia, the son of the complainant also. The Magistrate acquitted the accused on the ground that no sufficient evidence was led before the court. In acquitting the appellant Khalpa Kalia the Magistrate was swayed by the circumstances that his name was not at all mentioned in the F.I.R. although F.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 not mentioned by the appellants was not mentioned in the F.I.R. Furthermore, while the complainant men