R. K. DAS, J.

( 1 ) THIS is an appeal by the Stale against the order of the Magistrate 1st Class, panposh acquitting the respondent of an offence under Section 158 and some other sections of the I. P. C.

( 2 ) IT is the prosecution case that on 14-3-1954, a train carrying some refugees arrived at Rourkela railway station at about 9 p. m. A passenger travelling in the said train was found vomiting. P. W. 12 the guard of the train stopped the train and went to the compartment and called for the Railway doctor. In the mean while, it is said, the accused R. C. Chowla went to the station platform holding a piece of bread and showed it to the people there saying that the bread contained poison and that the Muslims were giving such bread to the Hindus in order to kill them. This enraged the mob present there who got furious and assaulted a Hindu havildar (P. W. 7) under the belief that he was protecting the Muslims. Thereafter the mob followed the Havildar to the office of the Assistant Station Master P. W. 6. where it is said that P. W. 7 was assaulted P. W. 6 lodged first information against some unknown accused persons and on the basis of the said information investigation was made b