N.N. Sharma, J.

1. This appeal is directed against acquittal of respondents under sections 452 and 323 of Indian Penal Code by Sri D.N. Sinha, learned Munsif Magistrate Allahabad in case No. 1992 of 1976.

2. It appears that these proceedings were initiated on a complaint by complainant against respondents Shamsher Bahadur and his son Udai Singh, under sections 323, 452, 504 and 506 of Indian Penal Code, filed on 25-3-1975.

The incident giving rise to these proceedings took place on 5-3-1975 at about 8 A.M. Parties are next door neighbours; there is a latrine in the house of respondents on the roof; it has not been enclosed by walls; the lattice enclosing the same does not obstruct the view of the latrine from the Zanana house of complainant. On the morning of incident the latirine was being used by some stranger, who was seen sitting naked in that latrine and indulging in some obscene activity by the ladies of the house of complainant complainant took an exception to it and reached the house of respondents for expostulation. Both the appellants armed with lathis, hurled abuses on complainant and chased him. Complainant entered his house for safety. He was not spared there a