B. K. PATRA, J.

( 1 ) THIS application in revision is directed against an order of the Magistrate, First class, Daspalla acquitting the opposite parties, thirteen in number, who were prosecuted on charges under Section 148/426 I. P. C. and five of whom, namely, denei Sahu, Mahajan Naik, Kirtan Padhan, Mohan Naik and Udaya-Sahu also under Sections 326/324/323, I. P. C. The case against them is that at about 6 A. M. on 28-3-1965 they formed themselves into an unlawful assembly and being armed with Katis, Tangias, Farsa and Lathis restrained Lingaraj Das while he was proceeding on a cycle and dealt blows on him thereby causing simple and grievous hurt on his person. The opposite parties pleaded not guilty. Their case is that there are two factions in the village for the last about 12 years, Lingaraj Das (injured)and Arakhit Barik are leaders of one faction while petitioners Alekh Sahu and danei Sahu are leaders of the other faction, and there was a number of cases between them. Sometime previous to the occurrence, Lingaraj Das was convicted under Section 307 I. P. C. for attempting to commit the murder of one Lokanath misra and in that case some of the members of the opposite party w