CHHANGANI, J.—This is an appeal by the State from the order of First Class Magistrate, Bhadra dated 14th August, 1963, acquitting the respondents of offences under sec. 325 and 323, Indian Penal Code.

2. The facts leading to this appeal may be briefly stated as follows:—

The respondent Richhpal and injured Hari Singh P. W. 3 were students of the village School in village Ramgarh. The accused—respondent Dhanpat is the father of the accused-respondent Richpal. On 30th April, 1962 Hari Singh P. W. 3 and the accused-respondent Richhpal were going to school at about 9 A.M. Hari Singh drew a picture of a man on his slate. Richhpal questioned Hari Singh as to whose picture he had prepared. Hari Singh replied that he had prepared the picture of a person. Richhpal thereupon told him that it was the picture of his dead father. Richhpal having said so at-once began to run away. Hari Singh tried to chase him. Richhpal collided with one boy Prithvi Raj in consequence of which he lost one of his teeth. This incident annoyed Richhpals father and the members of his family. Consequently on 1st of May, 1962 when Hari Singh was returning from the jungle after easing himself the two accused respondents

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