The main grievance of the State, against the order of acquittal passed by the learned Judicial Magistrate First Class, Belgaum, is that the Trial Court while acquitting respondents 1 and 2, committed an error insofar as the offence is concerned and instead of convicting them for the offence under Section 326 of the lPC, the Trial Court had convicted them under Section 324 of the lPC and further releasing the two accused persons under the Probation of Offenders Act, 1958 is also erroneous in law.

2. We have heard learned High Court Government Pleader Sri P.M. Nawaz, appearing for the State as well as learned Amicus Curiae Sri Sharanappa Mathur, appearing for the respondents.

3. Since the area of controversy is within a narrow compass with regard to the conviction of the accused for the offence under Section 324 of the lPC instead of Section 326 of the lPC, we deem it proper to discuss only this aspect of the matter since the respondents have been convicted by the Trial Court for the offence punishable under Section 324 of the lPC. We also make a mention at this juncture that so far as respondent 3 is concerned, the Trial Court has acquitted the said accused since no independ