GOSWAMI, J. :- This application under Section 439 of the Code of Criminal Procedure is directed against the judgement of acquittal passed by the learned Magistrate, First Class (Judicial), Karimganj, in a case instituted on a complaint.

2. The prosecution case was that on 11th November, 1962, accused persons cut away paddy from the land in possession of the complainant and on his protest, they assaulted him and his sons, when they later intervened. 19 accused persons were charged under Section 147 of the Indian Penal Code and two of them were separately charged under Section 324, Indian Penal Code.

3. The learned Magistrate at the end of the trial held that the complainant could not prove by any reliable evidence that he was in exclusive possession of the disputed land. On the other hand, he found that the defence established that the land was in possession of accused Lalu and Sonua and that they had been enjoying it peacefully until the date of occurrence. He further held that the accused had a right to protect their property in exercise of their right of self defence. In this view of the matter, after appreciation of the evidence, the learned Magistrate acquitted all the a