S. C. MOHAPATRA, J.

( 1 ) THIS is an appeal preferred by the State against the order of the Sub-divisional Judicial Magistrate, Dharamgarh acquitting the respondents- accused persons of the charges under sections 3 and 7 of the Protection of Civil Rights Act, 1955 (hereinafter called the 'act' ).

( 2 ) THE prosecution case is that on 12-6-1978 at about noon, the Harijans, who were members of the scheduled caste, went to a well to take water. They were obstructed by the respondents, were abused in filthy language and were threatened to be assaulted. Out of fear they returned back from the well and P. W. 1 lodged the First Information Report in the Koksara Police Station to this effect.

( 3 ) THE respondents-accused persons pleaded not guilty and denied the occurrence.

( 4 ) ON consideration of the evidence adduced on behalf of the parties, the trial court held the accused persons not to be guilty and acquitted them. The order of acquittal has been challenged by the State in this appeal.

( 5 ) THE accused persons are alleged to have prevented the witnesses from drawing water from a public well. Such prevention in order to be an offence, is to relate to using water of any sacred ta