Wanchoo, C.J.—This is an appeal by Jawanmal against the order of Sessions Judge of Jodhpur acquitting Mst. Bhanwari and three others of an offence under sec. 448 of the Indian Penal Code.

2. We must say at the outset that the judgement of the learned Sessions Judge suffers from one serious defect. It does not show what facts were found by him as to the incident which took place on the 9th of September 1953. He practically started applying the law without finding the facts of the incident resulting in this case. We have, there-fore, to find the facts for ourselves before we consider the question of law undoubtedly involved in this case.

3. The case started on the complaint of Jawanmal appellant which was made on the 10th of September, 1953. There were five accused in the complaint and they were accused of offences under secs. 147, 323 and 448 of the Indian Penal Code. The case of Jawanmal was that he was owner of certain house in Mathania which he had purchased from his father-in-law Magraj in January 1953. Since then he had been in possession of it either himself or through tenants. On the 9th of September when Jawanmal was at the house, five persons, namely the four accused, Mst. Bh

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