( 1. ) APPELLANT Mst. Sulki had filed a complaint against the respondents Mohanlal and Sheoratan in the Court of the Magistrate Second Class, Balaghat, under Section 355, Indian Penal Code. The respondents-have been acquitted, and the appellant has therefore-filed this appeal under Section 417 (3) of the Criminal Procedure Code.

( 2. ) THE complaint of the appellant was that on 25-11-1957 the respondents Mohanlal and Sheoratan came to her house and started abusing her without any rhyme or reason. When she asked them why they were abusing her, the respondent Sheoratan asked his son to bring a shoe from, his house. The son brought the shoe and gave it to the other respondent Mohanlal. Thereafter, the respondent Sheoratan told Mohanlal to strike the complainant with the shoe and threatened to kill him if he did not do so. Mohanlal accordingly struck the complainant with the shoe twice.

( 3. ) THE learned Magistrate held that the fact of assault had not been proved and therefore acquitted the respondents.

( 4. ) THE main ground on which Shri Y. S. Dharmadhikari for the appellant supported the appeal is that the trial Court wrongly refused to summon witnesses Premlal and Head Con