Ranawat, J.—This is an appeal by the State from the judgment of the Magistrate First Class, Bikaner, dated the 18th of "August 1958 acquitting the accused Radheshyam under Sec. 353 of the Indian Penal Code on the ground that the case was triable under the Prisons Act of 1894 by the Superintendent of Prisons.

2. The facts of the prosecution case were that the accused Radheshyam was an under-trial prisoner on the 15th of October 1957 when the occurrence took place. He was in detention in the District Jail, Bikaner. On the 15th of October 1957 he was taken to the court premises for attending the hearing of the case against him. He was led to the latrines for allowing him to attend to the call of nature and when he insisted to go in a particular latrine to contact some lady who was already inside it, Fakir Mohammad, constable on duty, did not permit him to go there. The prisoner then tried to assault Fakir Mohammad, but he was stopped from doing so by another constable on duty, namely Ganpatsingh. Fakir Mohammad brought this fact to the notice of the Sub-divisional Magistrate, who referred the case to the Police Station Sadar, Bikaner. The police after investigating the case challaned t

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