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Judgment
Servesh Kumar Gupta, J.—Revisionists No. 2 & 3 have been reported to have died. Hence the case against them is deemed to have been abated. Now only the case of revisionist No. 1 Asha Ram remains on whose behalf Sri G.S. Negi, Advocate is present and he is ready to argue the case finally.
Heard the arguments of learned Counsel for the revisionist.
Asha Ram was convicted for the offence u/s 323 Indian Penal Code with a sentence of Rs. 300/- and for the offence u/s 504 Indian Penal Code with a sentence of Rs. 200/-, nay for the offence u/s 147 Indian Penal Code with a sentence of Rs. 200/-. In all he was fined of Rs. 700/-. In default of payment of fine, he was sentenced to undergo various terms of imprisonment.
In appeal, learned lower Appellate court absolved Asha Ram from the offence u/s 147 Indian Penal Code while maintained his conviction as such for remaining two offences under Sections 323 and 504 Indian Penal Code. This way, he has to deposit the fine only to the tune of Rs. 500/-.
It has also been argued on behalf of revisionist that on the same evidence while co-accused have been acquitted but Asha Ram has been found guilty. Virtually, this is not the case because there are specific allegations found proved only against Asha Ram and not for remaining accused. Therefore, his guilt for the offence under Sections 323 and 504 Indian Penal Code has been left intact. There is No. other material irregularity and inconsistency pointed out by the learned Counsel for the revisionist.
The revision is devoid of merit and is liable to be dismissed. Revision is dismissed.
Let the lower court record be remitted forthwith for compliance of the order.