S.K. Verma, J.

This appeal has been filed against the acquittal of opposite parties Ram Singhasan Thakur, Ram Sunder Thakur, Ram Chander Thakur and Girish Chandra in a complaint case u/s 323, I.P.C.

2. I have heard learned Counsel for the parties and have gone through the record. The complaint lodged in the Court of the Munsif Magistrate, Ballio by the complainant Rudra Nath Misra Indicates that on the date of the occurrence, namely, 24.7.1977 at about 6.00 p.m. the tractor of the complainant was passing on the chak road and when It reached near the field of Ram Singhasan, Ram Singhasan protested that the tractor was encroaching upon his cultivated land. He stopped the tractor and raised an alarm and the other three Respondents, namely. Ram Sunder, Ram Chander and Girish Chandra came to his help. The Respondents No. 2 to 5 abused the complainant party and one of them, namely Girish Chandra gave slaps on the face of Sahabuddin who was cleaner of the tractor. in support of the complaint, the complainant examined four witnesses, namely. Rudra Nath Misra, P.W. 1. Sahabuddin, P.W. 2, Kedar Nath, P.W. 3 and Mardav Misra, P.W. 4. Learned Munsif Magistrate after considering the evi