Murlidhar, J.

1. THIS revision by Jhunkhun is directed against an order of acquittal dated 29-6-1979. The police had challaned 36 persons under Secs. 147, 323/149, 452 IPC with a supplementary report under Sec. 4 Untouchability Act, with regard to an occurrence of 5-2-1976 in which eight Hirijans including three women were alleged to have been beaten up by the accused persons. The Magistrate acquitted the accused for want of evidence. The applicant's contention is that the prosecution having applied to the Magistrate for securing the attendence of witnesses through warrants the Magistrate could not have dismissed the complaint for mere absence of the witnesses and should have made further efforts to secure their presence.

2. THE record shows the facts to be these. THE first date for evidence fixed was 25-1-1979 but the prosecution wanted time as the witnesses were not present. THE witnesses were then summoned for 10-4-1979, but they were again absent. Thereafter on the application of the public prosecutor bailable warrants were ordered to be issued for some of them. On the third date 7-5-1979 again the witnesses were absent and non-bailable warrants appear to have been issue