Abdur Rahim, J.

1. This is an application to revise an order of acquittal passed by the Sub-Divisional Magistrate in appeal in a case in which the accused were convicted by a 2nd Class Magistrate of offences under Sections 147, 355 and 323 of the Indian Penal Code. The Appellate Magistrate found that the charge of rioting could not be sustained upon the evidence and thereupon acquitted the accused of that offence. That acquittal must, in my opinion, stand, as no sufficient reason has been made out for interference with that part of the Order of the Appellate Magistrate. He has acquitted the accused of charges under Sections 323 and 355, on the ground that there had been a valid composition of those offences within the meaning of Section 346, Criminal Procedure Code, before the complainant laid the charge in Court. There are two questions of law which arise in connection with this matter. First of all, a doubt has been expressed by Oldfleld, J., who admitted this application, with regard to a decision of mine in Mahomed Kanni v. Pattani Inayathulla Sahib 31 Ind. Cas. 819 : 39 M. 946 : 2 L.W. 1200 : 18 M.L.T. 602 : 16 Cr.L.J. 803 in which it was laid down that it was not necessar