1. - This is an appeal under Section 378(i) and is directed against the judgment dated 12th April, 1974 pissed by the Sessions Judge, Kota in Sessions Trial No. 12/1974, by which all the accused including the respondent Gajendra Kumar were acquitted. Although a petition for grant of appeal was filed against all the four accused, but this Court vide its order dated 18th September, 1974 granted leave to appeal under Section 378(3) Cr.P C. against Gajendra Kuraar only The application for leave was rejected against Nand Kishore, Mahaveer and Tajendra Singh.

2. One Idris informed the police vide report Ex P.1, on 2.5.1973 at about 11.00 AM of the occurrence which has given rise to this case. His version was that while be was sitting on his shop and one of his customer was standing on the road near his shop, two boys came from Bahadui Bazar side, on a cycle and caused accident with his customer. There was some altercation in which boys gave three four blows two others intervened and saved him. Immediately thereafter with an interval of 10 minutes 10-12 boys armed with Hockey sticks and other sticks started beating and said that he would be killed They also started looming bis sho