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1964 Supreme(All) 294

D. P. UNIYAL
Har Charan – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
P. N. Misra, Advocate, for the Applicant; Sushil Kumar, Advocate, for the Opposite Party

JUDGMENT

D. P. Uniyal, J. - This revision application by the four applicants is directed against an order of the learned Sessions Judge whereby he upheld the convictions and sentences of the applicants under Section 488 I.P.C.

2. The facts are not in dispute. The Courts below have held that the cattle shed in question was purchased by one Shyam Lal from Kedarnath by means of a registered sale deed. After the purchase Shyam Lal was put in possession of the same. He placed his lock on the door of the cattle-shed and stocked, some beams and straw in one of the rooms. It is alleged that the applicants broke open the lock and forcibly entered into possession of the cattle-shed in spite of the protests of Shyam Lal. But the courts below have believed the prosecution evidence that the applicants committed criminal trespass.

3. I, therefore, see no force in this application in revision which is accordingly dismissed.

4. Connected with this revision application there is an application made by Shyam Lal under Section 522(3) Cr.P.C. seeking the restoration of the cattle shed which had been forcibly occupied by the applicants. It is contended on behalf of the applicants that the application of

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