IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 143 of 2004 1. Asha Ram S/o Ratan Mani 2. Ratan Mani S/o Sri Rameshwar Prasad 3. Chandi Prasad S/o Late Rameshwar Prasad All are R/o village-Kuliyani, Patti-Mawalsyun, District Pauri Garhwal, Uttaranchal ……….Revisionists Versus State of Uttaranchal ..…. Respondents Present : Sri G.S. Negi, Advocate present for the revisionists. Sri M.A. Khan, Brief holder for the State. Dated : 05th August, 2011 Hon’ble Servesh Kumar Gupta, J. Sri G.S. Negi, Advocate present for the revisionist and Sri M.A. Khan, Brief holder for the State/respondent. 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 under section 323 IPC with a sentence of Rs.300/- and for the offence 2 under section 504 IPC with a sentence of Rs.200/-, nay for the offence under section 147 IPC 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 under section 147 IPC while maintained his conviction as such for remaining two offences under sections 323 and 504 IPC. 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 IPC 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. (Servesh Kumar Gupta, J.) JKJ 05.08.2011