S. K. Dubey, J. -- 1. This revision under section 397/401, Criminal Procedure Code, 1973, by the complainant, is against the judgment of acquittal dated 12.8.1987, recorded by First Additional Sessions Judge, Gwalior, in Criminal Appeal No.36 of 1986, preferred against the judgment of conviction and sentence passed on 17.7.1986 under section 323, IPC, by the Additional Chief Judicial Magistrate, Gwalior, in Criminal Case No.2261 of 1985.

2. The prosecution case in brief is thus:

At about 5 p.m. on 22.2.1985, Sanjai Tiwari (P.W.2), the complainant, was going to his shop situated near Jamnalal Market, when he was in the midst of Jamnalal Market, the four accused/respondents, who were on inimical terms with PW.2, wrongfully restrained him from going ahead and gave a beating by leg and fist blows; accused Ramkumar inflicted an injury on the left hand's fourth finger of the complainant. On it, the accused persons went away threating PW.2 to kill. PW.210 dged the report (Ext.P/1) at 5.50 p.m. at Huzrat Kotwali, where a case under sections 341, 323, 324 and 506, IPC, was registered. P.W.2 was sent for medical examination and, after investigation, the 'Challan' under the aforesaid secti