The applicant was charged and prosecuted under section 324 I.P.C. in the Court of Judicial Magistrate, 1st Class, Baloda Bazar in Criminal Case No. 122/83 for assaulting the complainant Uma Bai (PW-3) by a Katari on 7.3.1983.

On evaluation of prosecution evidence, the learned Magistrate found the applicant guilty for the offence and, therefore, sentenced him to rigorous imprisonment for 3 months and a fine of Rs. 200/-, in default of payment of fine to undergo further R.I. for one month. This conviction and sentence has been maintained in Criminal Revision No. 69/86 decided on 15.12.1987 by the IIIrd Additional Judge, Raipur link Court Baloda Bazar against which this further revision has been filed.

The only contention advanced by the learned counsel for the applicant is that the prosecution neither produced the F.I.R. which is said to have been lodged by the complainant, nor examined the Investigating officer and, therefore, the version of the prosecution witness should not be accepted drawing an adverse inference. The learned counsel also pointed out various infirmities in the evidence, but, it is not necessary for this Court to go into those infirmities.

It is a