R.K.Singh - (1.) SRI K. K. Singh has filed parcha in this case and he had been heard. Learned A.G.A. has also been heard.
(2.) PERUSED the impugned judgment dated 15.10.82 passed by Vllth Addl. Sessions Judge, Azamgarh in Criminal Appeal No. 32 of 1982. Also perused the trial court judgment passed by Judicial Magistrate Mohammadabad, District Azamgarh in Criminal Case No. 32 of 1978. The revisionist-accused is alleged to have taken forcible possession over a house purchased by Mustafa (P.W. 3) and in a suit he had got possession over the house through the court. Possession was delivered on 13.5.1976. The complainant Mustafa for his personal work went out and when he returned on 18.5.76 he found that this revisionist along with his wife has occupied the house. He lodged complaint and a case under Section 448, l.P.C. was registered. The forcible occupation by the revisionist over the house of Mustafa (P.W. 3) has been proved by evidence of Sattar and Khairul Basar (P.Ws. 1 and 2 respectively). Both have clearly stated that the revisionist-accused forcibly entered into the house which was put in possession of Mustafa by the court order. The drummer Shaquir Ali (P.W. 4) who has been examined in this case says that he had by beat of drum announced possession of Mohd. Mustafa over the aforesaid house on 13.5.76.
(3.) THE court below has very carefully and judiciously examined the evidence adduced on record. THE conviction of the revisionist under Section 448, l.P.C. is perfectly legal and Justified. THE sentence of three months' R.I. awarded against the revisionist is in no way severe considering the nature of the offence proved against the revisionist, i.e., forcibly occupying the house of another man. The revision petition has no merit. It is accordingly dismissed. The bail order dated 4.11.82 is recalled and the bail bonds are cancelled.;