N. S. GUPTA, J. ( 1 ) THIS criminal revision is directed against the judgement and order dated 18-2-1983, passed by Sri Ami Chand Verma the then 1st Additional Munsif Magistrate, Ghazipur, in Criminal case No. 686 of 1981 acquitting the accused opposite parties for the offence under Sections 147/323/325, I. P. C. ( 2 ) I have perused the record of the case and heard Sri V. B. Singh the learned Additional Government Advocate for the State. ( 3 ) IT is clear from the judgement of the learned Munsif Magistrate that as many as three injured witnesses were examined before him. The learned Magistrate without considering the evidence of the injured witnesses was pleased to acquit the accused opposite parties for the simple reason that an independent eye-witness of the occurrence was not produced before him. When the learned Magistrate has not written a word in his judgement as to why the testimony of the injured witnesses of the occurrence was discarded, the approach of the learned Magistrate in acquitting the accused opposite parties for want of the availability of independent eye-witness of the occurrence was perverse and illegal. It, therefore, cannot be sustained. It is important to note here that according to the injury report available in the record the following injuries were found on the person noted against each :-I. Injury of Sita Ram1. An. artero posterior lacerated wound 4 cms. x 1/2 cm. muscle deep on the top of the scalp 7 cms. above the root of the nose; the margins were irregular and covered with soft blackish crests. 2. Complained pain in the chest region. 3. An oblique reddish abraded contusion 8 cms. x 1 cm. on the left side chest 2 cms. below and outer to the left nipple. ( 4 ) A reddish contusion 4 cms. x 1. 5 cm. on the right upper lid. ( 5 ) TRAUMATIC swelling 4 cms. x 3 cms. on the right side scalp post outer to the outer end of the right eye brow. II. Injury of Ram Karan Kushwaha1. An oblique lacerated wound 4 cms. x 1 cm. x muscle deep on the scalp 8 cms. above the medial aspect of the left eye brow. The margins were irregular and covered by blackish crests. 2. Complaining pain in the back of the scalp and neck region. III. Injury of Ram Kuwar Kushwaha. 1. II. Injury of Ram Karan Kushwaha1. An oblique lacerated wound 4 cms. x 1 cm. x muscle deep on the scalp 8 cms. above the medial aspect of the left eye brow. The margins were irregular and covered by blackish crests. 2. Complaining pain in the back of the scalp and neck region. III. Injury of Ram Kuwar Kushwaha. 1. An oblique lacerated wound 2. 5 cm. x 1. 5 cm. x muscle deep on the back of the right forearm 5 cms. above the right wrist joint. 2. Traumatic swelling 35 cms. x around the right forearm and hand just below the right elbow joint. 3. Complained of pain in the right leg with no mark of external injury. N. B. the margin of the lacerated wounds were irregular and covered with soft blackish crests. IV. Injury of Ram Kesh. l. Traumatic swelling 15 cms. x 10 cms. on the right side scalp and face just in front of the right ear. 2. Traumatic swelling 4 cms. x 4 cms. on the left side face just outer to the outer and of the left eye brow. 3. Traumatic swelling 7 cms. x 5 cms. on the back of the left hand just below the left wrist joint. 4. Complained of marked weakness in the left lower extremity. 4. Subsequently the X-ray examination report of Ram Kesh and Ram Kuwar injured revealed that there were fractures of both right shaft Radius and Ulna Bone of Ram Kuwar and fracture of frontal and parietal bone of Ram Kesh. 5. Under the circumstances, I am of the opinion that the revision deserves to be allowed and the impugned order passed by learned Munsif Magistrate set aside. The case is remanded to the trial Magistrate for disposal according to law. It is directed that the case shall be tried by the Chief Judicial Magistrate, Ghazipur. The record of the case be sent to the Chief Judicial Magistrate, Ghazipur for further necessary action according to law. The parties are directed to appear before the learned Magistrate on 3-1-96. Revision allowed. .