UNIYAL, J. : One Sheo Shanker Singh, along with nine others, was charged with offences under Ss. 147 and 148, and Sections 302 and 307 read with Section 149, I.P.C. in S. T. No. 23 of 1961 in the court of the Sessions, Judge, Mirzapur in respect of an occurrence dated 20-11-1900 resulting in the death of Tarak Nath Pande and injuries to two-others. The accused pleaded a right of private defence of property and adduced oral and documentary evidence in support of their case. One of the documents filed in evidence by them was a complaint Ex. Kha-73 alleged to have been instituted by Sheo Shanker on 18-11-1960 in the court of the Judicial Magistrate, Chunar, District Mirzapur to the effect that P.W. Kishore, accompanied by Tarak Nath Pandey and several other men, had unlawfully and forcibly cut and removed paddy crop from plot No. 733 of village Semara Barch belonging to the accused.

2. The learned Sessions Judge found that the paddy crop standing on plot No. 733 aforesaid had been raised by the accused and that the said plot had been in their possession since long. He held that they were entitled to protect their possession and, therefore, acquitted them. At the same time he w