O.P. Pradhan, J.

1. Respondents Kishori Lal and Ram Swaroop were tried in connection with charges under Sections 308 and 325, both read with Section 34, I.P.C., by Smt. Mohini Rajani, the then Assistant Sessions Judge, Jhansi in Sessions Trial No. A-80 of 1976 for an incident which occurred at about 10 a.m. on 14-10-1975 in village Luhari within the circle of police station, Samthar, district Jhansi and were acquitted of both these charges by the judgment and order dated 9-4-1980. The State has preferred this appeal against the said judgment and order of acquittal.

2. The relevant facts leading to the prosecution of respondents may be briefly stated. Peer Khan (PW 1) who is the complainant of the case, lives in village Luhari within the circle of police station Samthar of district Jhansi. Both the respondents are also residents of the same village. On 14-10-1975 at about 10 a. m., Peer Khan was sitting at the Chabutara of his house and was conversing with Vishwannath Singh and Parmai Kori. Respondent Kishori Lal came to Peer Khan and took him away to him own house saying that he had to discuss certain matter. At the Chabutara of his house, respondent Kishori Lal questioned Pe