M. K. MUKHERJEE, J. ( 1 ) THIS Rule is directed against the judgment and order dated September 7, 1976 passed by the learned Sub-divisional Judicial Magistrate Krishnanagore convicting and sentencing petitioners under Ss. 447 and 427 of the Indian Penal Code. ( 2 ) ON a complaint filed by the complainant-opposite party, the petitioners along with one Subal Biswas, (since deceased) were placed on trial for offences punishable under Ss. 147/447/427 of the Indian Penal Code. The material allegations in the complaint are that on May 4, 1975 the accused persons formed an unlawful assembly and forcibly trespassed into certain plots of land belonging to the complainant and caused mischief by damaging the paddy seedings grown by the complainant on the said land. The defence of the accused persons was that the plots in question are owned and possessed by them and complaint never possessed the same. In support of their claim they exhibited certain documents. ( 3 ) ON a consideration of the oral and documentary evidence, the learned Magistrate held that the petitioners could not satisfy the Court about the actual physical possession in the case land and that the complainant was able to prove this title to and possession in respect thereof. On the basis of the oral evidence adduced on behalf of the complainant, the learned Magistrate held that the fact of forcibly entering into the case land and causing damage to the plants was proved but there was no sufficient material on record to show that before causing such damage the accused persons formed an unlawful assembly. On such conclusions, the learned Magistrate acquitted the petitioners in respect of the offence under S. 147 of the Indian Penal Code but convicted them under Ss. 447 and 427 of the Indian Penal Code. For the conviction under S. 427 of the Indian Penal Code he sentenced each of the petitioners to pay a fine of Rs. 100/- in default to suffer simple imprisonment for one month. No separate sentence was passed for the other conviction. 447 and 427 of the Indian Penal Code. For the conviction under S. 427 of the Indian Penal Code he sentenced each of the petitioners to pay a fine of Rs. 100/- in default to suffer simple imprisonment for one month. No separate sentence was passed for the other conviction. ( 4 ) IN the facts of the instant case, if the accused persons can show they were acting under a belief that they have a claim to the property in question and if it is found that the claim is a bona fide one and not a false pretence, they are entitled to an order of acquittal even if they are unable to show that the property in question is legally owned and possessed by them. Such claim need not be of actual legal right but colour of a legal right. This aspect of the matter was not at all considered by the leanred Magistrate and as such the impugned judgment must be set aside. ( 5 ) WHETHER such a claim of right exists is a question of fact to be determined on appraisal of evidence and it would be inappropriate for me to decide the same in this revisional application and the only course left open is to remit the case back to the trial Court. ( 6 ) MR. Arun Kumar Mukherjee, the learned Advocate appearing on behalf of the complainant contended that the nature of the mischief committed by the accused, namely, causing damage to paddy seedlings, by itself, indicates that the claim of the petitioners is not a bona fide and is a mere pretence. Whether the claim is bona fide or not is also a question of fact and the same is also required to be determined by the Trial Court. ( 7 ) IN view of the above discussions, this application succeeds and the Rule is made absolute. The impugned order of conviction and sentence is hereby set aside and the case remitted back to the trial Court. The learned Magistrate shall now dispose of the matter by delivering a judgment on the basis of the materials already on record, in accordance with law and in the light of the observations made hereinbefore after giving each of the parties an opportunity to place arguments in support of his case. Let the records be sent down immediately. Rule made absolute.