JUDGMENT

Manjive Shukla, J.

Heard learned counsel for the revisionist, learned Additional Government Advocate for the State and perused the record.

2. Revisionist Ram Kripal through this revision has challenged judgment and order dated 26.04.2010 passed by learned Additional Sessions Judge, Court No. 9, Faizabad in Criminal Appeal No. 31 of 2010 (Roshan Lal & Others v. State of U.P.) whereby conviction of the accused under Section 452 I.P.C. has been set aside and they have been acquitted and further sentence given to accused under Sections 143 & 323 I.P.C. has been modified with a fine of Rs. 1,000/- each under Section 143 I.P.C. and fine of Rs. 1000/- each under Section 323 I.P.C.

3. F.I.R. was lodged on 21.02.1998 at 11:40 a.m. in Police Station, Haidarganj, District Faizabad which was registered as Case Crime No. 56 of 1998 under Sections 143, 323, 452, 504 and 506 I.P.C. wherein Ram Kripal stated that he and his family has purchased agricultural land and two houses from Sri Ramphal through registered sale-deed and since then he is in possession over the said two houses. It was further stated in the F.I.R. that on 18.02.1998 at 10:00 a.m., Roshal Lal, Pandey Lal, Kalika Prasad, Kapil Dev, Shailender Kumar, Sunil Kumar, Uma Shankar and two ladies of the family of Roshan Lal entered his house and thrown away the articles lying in his house. The aforesaid persons also used abusive language and dragged his wife out of the house by catching her hair. The aforesaid persons also turned down the cot on which his old aunt having fractured leg was lying and further dragged her out of the house. The aforesaid persons also extended threat to wife of the complainant that if she and her family members will again come to this house, then they will kill them.

4. Police, on the basis of the aforesaid F.I.R. carried out investigation and submitted chargesheet before the competent court under Sections 143, 323, 452, 504 & 506 I.P.C. On the aforesaid chargesheet filed by the police, cognizance was taken by the court and trial started.

5. During the trial, testimonies of PW-1, Ram Kripal, PW-2, Ram Raj, PW-3, Smt. Shobha Devi, PW-4, Ram Saran Bharti, PW-5, Rajdhari Prasad (Police Inspector) were recorded, thereafter, statements of all the accused under Section 313 Cr.P.C were recorded. Accused did not produce any defense witness rather they said in their statements that house in question was purchased by father of Roshan Lal i.e. Saryu Prasad 30 years back from one Bachhi Devi through registered sale-deed and complainant Ram Kripal wants to grab that house. It was further stated that in respect of the aforesaid act of Ram Kripal, a criminal case under Section 420 I.P.C. has also been registered against him and further house in question is a "khandahar" and is in possession of the accused.

6. Learned Trial Court after appreciating the evidence, concluded the trial and convicted accused under Sections 143, 323 and 452 I.P.C. and further sentenced them under Section 143 I.P.C. with simple imprisonment of three months, under Section 323 I.P.C. with simple imprisonment of six months and fine of Rs. 500/- each and under Section 452 I.P.C., three years' simple imprisonment and fine of Rs. 1,000/- each.

7. Accused challenged the judgment and order dated 04.03.2010 passed by the trial court i.e. Additional Chief Judicial Magistrate-IV, Faizabad by filing Criminal Appeal No. 31 of 2010 (Roshan Lal and Others v. State of U.P.) before the court of Additional Sessions Judge, Court No. 9, Faizabad.

8. Learned Appellate Court after considering the entire evidence on record has decided the Criminal Appeal vide judgement and order dated 26.04.2010 whereby all