ZAHEER AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE Petitioners were convicted by a Special Magistrate I Class Agra under Section 448 IPC and a sentence of fine of Rs. 50/ - each was awarded to them. While convicting them, the learned trial Magistrate also directed that they should deliver possession of the room in question to the complainant.

(2.) A petition in revision was filed before the learned Sessions Judge, which was dismissed by the Civil and Sessions Judge, Agra. It appears that the revision petition was directed against that part of the order of the trial Magistrate by which the Petitioners were directed to deliver possession of the room to the complainant.

(3.) ACCORDING to the prosecution, the accused took wrongful possession of a certain room belonging to the complainant. The prosecution also produced evidence to show that possession was taken by the accused forcibly and that the accused also extended threats to Liaqat Husain, who protested against their wrongful act. The evidence produced by the prosecution found favour with the trial Magistrate and the learned Magistrate, therefore, proceeded to convict the Petitioners and directed them to give possession of the room in question to the complainant.