V. GOPALASWAMY, J.

( 1 ) THIS revision is preferred against the judgment of the learned Sessions Judge, Phulbani Criminal Appeal No. 51 of 1985 convicting the petitioner u/s. 323, I. P. C. and sentencing him thereunder to undergo rigorous imprisonment for a period of two months.

( 2 ) THE gist of the prosecution case is that on 24-12-1980 at about 9 a. m. while the informant. Block Development Officer, Boudh, was working in his Block Office at Boudh the accused, a Contractor came to his office and demanded of' him to pay him money in relation to the contract work done by him and when the informant told him that no money were due to be paid to him as he did not do any work, the accused gave a slap to him and left the office and thereby rendered himself liable u/ss. 448 and 332,i. P. C.

( 3 ) THE accused pleads that the informant has foisted this false case against him, due to previous enmity.

( 4 ) ON a consideration of the evidence, the trial court while acquitting the accused of the offence under S. 448,i. P. C. , convicted him of the offence u/s. 332. I. P. C. On appeal preferred by the accused, the learned Sessions Judge, Phulbani acquitted him of the charge u/s. 332 I. P. C.