R. K. DAS, J.

( 1 ) THIS is a complainant's petition directed against an order of acquittal passed by the Additional District Magistrate (Judicial), Cuttack, setting aside the order of conviction of the opposite party under Section 323, I. P. C. passed by the magistrate First Class, Kendrapara.

( 2 ) THE prosecution case is that the villagers of the complainant purchased a radio from out of the common fund kept in the custody of the accused. When they asked the accused to render account of the money kept at his disposal, he refused to do so and was about to take away the radio. When the complainant prevented him the accused assaulted the complainant. The complainant filed a complaint and the accused was sommoned to stand a trial for an offence under Section 323, I. P. C.

( 3 ) THE accused denied the charge and pleaded that the case had been falsely instituted at the instance of one Babaji Das against whom the accused had made a station diary entry on the date of occurrence.

( 4 ) IN support of the prosecution story some witnesses were examined and a medical certificate in support of the existence of some injuries on the person of the complainant was also filed. The learned Magi