I.P.Singh, J.

1. This appeal has been filed against the judgment and order dated 18.8.1989 by which opposite party nos, 1 and 2 have been acquitted by the court below.

2. The prosecution case in brief is that on 26.3.1985 at about 8.00 A.M. the complainant was at his Dalan just before the time of alleged occurrence. It has been alleged that accused came from his house having Lathi and Kudal and began to cut the soil with the help of Kudal in front of the Dalan of the complainant. When the complainant objected not to do so both the accused assaulted the complainant with Lathi. The complainant received injuries and thereafter he fell down. In the meantime accused Pramod Kumar snatched away HMT watch from his wrist. When P.W. 1 Ajay Kr. Mishra tried to save the complainant he was forcibly taken at the Dalan and he was also assaulted with kicks and fists by the accused persons. He complainant went to Athmalgola P.S. and narrated about the alleged occurrence but the police refused to institute the case and thereafter the complainant came to Barh for medical treatment. He was treated by P.W.5 in the Govt. Hospital. Thereafter he filed the complaint case in the court of A.C.J.M.,