This appeal by the State is directed against an order of acquittal by the Sub-divisional Magis­trate, Nowgong acquitting 'the respondents who were charged before him, under Sections 326, 148 and 326/149, Indian Penal Code.

(2) The case for the prosecution is that when one Fazar AH examined as P. W. 1, Abdul Subhan examined as P. W. 2 and Basir Seikh examin­ed as P. W. 3 were on the road in the village of Chenimari at about 8 P.M. on 10th August 1959., all the eight accused persons who figure as Respondents in this appeal and some others attack­ed them with sticks, daos and spears and caused them serious injuries. The three prosecution wit­nesses fell down, and hearing their cries and the noise on account of the incident, P. W. 4 Moslem Munchi who was living close by, came to the scene and saw the three prosecution wit­nesses 1 to 3 lying with bleeding injuries and also saw accused respondents Nos. 1, 2, 3, 4, 6 and 7 going away from the place of occurrence, carrying with them lathis, daos and spears. ThereafterMoslem Munchi P. W. 4, with the help of others carried the injured persons to the Jagiroad hos­pital, where they were treated for the injuries. ;P. W. 1 proc