JUDGMENT K.K. Birla and A.S. Tripathi, JJ. - This appeal has been preferred against the acquittal of the respondents. 2. Sarvasri Amar Nath, Babu, Bhola and Ram Asrey were charged under Section 307/149 I.P.C. while Nauni Ram accused was charged under Section 148 and 307 I.P.C. The learned Addl. Sessions Judge acquitted all the accused of these charges but convicted Sri Nauni Ram accused under Section 323 I.P.C. Hence this appeal has been preferred against the acquittal of the respondents for the offence mentioned above. 3. In brief, Smt. Kalwati P.W. 3 had filed a Civil Suit some days before the occurrence, against Nauni Ram regarding the Chabutara in front of the house of Nauni Ram. According to the prosecution case on 7.12.91 at about 5 or 6 p.m. all the accused out of whom Nauni is alleged to be armed with Tamancha and the rem aning accused with lathis, abused Smt. Kalewati and started assaulting her. On her alarm, her son Shyam Babu P.W. 2, Lala Ram P.W. 4 Ram Swaroop and others also came and interferred. On medical examination, injuries were found on the person of Smt. Kalwati and Shyam Babu examined by Dr. R.C. Sachan P.W. 5. 4. We have heard learned counsel for A.G.A. and the counsel for Nauni Ram accused. It is contended on behalf of the State that from the prosecution evidence, its case was proved and the Addl. Sessions Judge has not properly appreciated the evidence. On perusal of the material on record and after hearing the parties counsel we find that it cannot be said that the order of the Addl. Sessions Judge is perverse or it is a case of no evidence. 5. The learned Addl. Sessions Judge has found that ho offence is made out under Sections 307 and 307/149 I.P.C. Considering the nature of injuries, which are said to have been caused in this case, this finding of the learned Addl. Sessions Judge is quite correct. All the injuries are simple. Not only this, according to the prosecuting case, Smt. Kalawati was beaten by the respondents. After abusing her, therefore, the respondents were rightly acquitted under section 307, 307/149 I.P.C. 6. The learned Addl. Sessions Judge has further found that there is delay in lodging the F.I.R. and it was the result of consultation. All the injuries are simple. Not only this, according to the prosecuting case, Smt. Kalawati was beaten by the respondents. After abusing her, therefore, the respondents were rightly acquitted under section 307, 307/149 I.P.C. 6. The learned Addl. Sessions Judge has further found that there is delay in lodging the F.I.R. and it was the result of consultation. The F.I.R. has been lodged at 9.15 p.m. The distance of the police station is four furlongs from the place of occurrence. Even if allowance is given to the time taken in medical examination the F.I.R. is not prompt. In these circumstances, we are of the opinion that this inference of the learned Additional Sessions Judge does not appear to suffer from any infirmity. The learned Additional Sessions Judge had found that all the injuries caused by Nauni Ram. 7. According to him Lalaram (P.W. 4) who is said to have been independent witness, in facts relative and as such interested and also a chance witness. Therefore, he is a partial witness. According to the F.I.R. some other persons had also arrived at the scene of occurrence. None of them has been examined. There fore, independent witness, though available, have not been examined. Considering the facts and circumstances of the case, we are of the opinion that the finding recorded by the learned Additional sessions Judge is not perverse and is not such which could have not been arrived on the material on record. Even if two views are possible in the case it will not be a fit case for interfering with the order of the acquittal. In view of this, no interference is called for in the impugned judgment. In the result, the appeal is dismissed.