( 1 ) IT is not necessary that before a person can be convicted under Section 323 or 325,. P. C. there should be a first information report; therefore, even if the first information report was not proved in this case it would not vitiate the conviction. The doctor who examined the injuries of the prosecution witnesses was examined before the charge was framed and was also cross-examined at considerable length. After the charge the applicants were asked by the magistrate whether they wanted to cross-examine any of the prosecution witnesses. They simply answered "yes". Obviously the answer given was vague. It does not necessarily mean that they wanted to cross-examine all the witnesses. Anyhow the doctor was summoned for cross-examination but he did not appear because he was transfered to another district and the magistrate ordered interrogatories to be issued for his examination on commission. The complainant failed to pay the fee for the issue of commission and no commission was issued. The magistrate however read the deposition of the doctor recorded before the charge purporting to act under Section 509 (1) Cr. P. C. It seems to me that what he did is covered by th