KIRPAL SINGH Vs. WAZIR SINGH

JUDGEMENT

(1.) These two criminal revision petitions have been preferred against the order passed by the learned Additional Sessions Judge in Crl. Appeal No. 54/98 and Crl. Appeal No. 52/98. By his order the learned Additional Sessions Judge has upheld the order passed by the learned Metropolitan Magistrate under Section 448, Indian Penal Code. Accused Kirpal Singh was also sentenced under Section 408, Indian Penal Code. The Court directed the accused to restore the possession of the shop to the complainant Wazir Singh and released the accused on probation for one year with an undertaking to hand over vacant possession of the shop to the complainant within a month.

(2.) The complainant Wazir Singh is aggrieved by the order of the learned Additional Sessions Judge because while convicting the accused, the Court released both the accused on probation.

(3.) The accused persons also have filed a revision petition against the conviction. I propose to decide both the revision petitions by this common judgment. Brief undisputed facts which are necessary to decide these revision petitions are recapitulated as under: