G.N.Prasad, J.

1. The complainant Phul Ku-mari has filed this appeal with special leave under Section 417(3), Code of Criminal Procedure. The two respondents, who are husband and wife, were convicted by the trying Magis trate under Sections 323 and 448, Indian Penal Code, and sentenced to pay a fine of Rs. 600/-each, but on appeal the conviction and sentence were set aside by the learned Additional Sessions Judge. The parties are residents of the same village, Ram Sahar, within Barbara Police station, in the district of Shahabad. The dispute centres round a house standing on plot No. 9th of khata No. 333.

2. Plot No. 916 originally belonged to respondent Sheodahin Tiwary who made a gift of his properties to his wife, respondent Jugna Kuer. under a registered deed dated the 24th March 1949. The deed of gift included 0.94 acre out of plot No. 1522 of khata No. 604 and 0.03 acre out of the disputed plot, which bears plot No. 916. Plot No. 1522 measured 1.02 acres and plot No. 916 measured 0.25 acre. Before making the gift in favour of his wife, respondent Sheodahin had created a usufructuary mortgage for Rs. 1800.00 in favour of one Dulhin Prasad Kuer. After the gift in her fa