1. - This is an appeal filed by the State of Rajasthan with the leave of this Court against the judgment of the Chief Judicial Magistrate, Chittorgarh, dated December 16, 1978, by which he acquitted Subhash Deo Dangi respondent of the offences punishable under sections 448 and 332, IPC.

2. The prosecution case against Subhash Deo Dangi, respondent, may be briefly stated as tollows: Some dues of the Mining Department were outstanding against Abhey Singh, one of the co-accused, who has been discharged by the trial court. On March 17, 1964, Shri Mohan Lal Najib Tehsildar and Shri Karan Singh Foreman of the Mining Department went to the factory of Shri Abhey Singh for recovery of dues and for attachment of the properties if Abhey Sihgh failed to pay of the amount due from him. Abhey Singh's son Prakram Singh Dangi caused obstruction in the process of attachment and picked up a quarrel. Mohan Lal one of the employees of the Mining Department. rushed to the police station, Rhilwara, for lodging a first information report against Prakaram Singh. After a short while Prakram Singh and his companions also reached the police station for making a first information report against the Ni