JUDGMENT

SARKARIA, J. :— The appellants were tried and acquitted by the Magistrate in respect of a charge under S. 332, I. P. C. On appeal by the State, the High Court set aside their acquittal and convicted and sentenced them under S. 332, I. P. C. to three month rigorous imprisonment each.

2. They have come to this Court by special leave granted under Art. 136 of the Constitution.

3. At the material time, the complainant Shaikh Masthan was a Typist of the Panchayat Samiti, Ipur. In the same office, appellants 1 and 2 and the accused, Guravareddy, were working as Health Inspector, Lower Division Clerk and Health Worker, respectively, attached to the Primary Health Centre, Ipur.

4. The charge on which the accused were tried ran as follows:-

"That you, on or about the 29th day of Nov. 1968 in the Panchayat Samiti Office at Ipur, caused hurt to Typist, Shaikh Masthan of the same office, which in discharge of his duties as such public servant with intent to deter him from discharging duties and thereby committed an offence punishable under S. 332 Indian Penal Code......."

5. It will be seen that substantially, the charge as framed, was under the second part of S. 332 I. P. C. of which the