N.K. Mehrotra, J. - (1.) ACCUSED applicants Kadhiley, Ram Pal, Shiv Pal, Dinesh and Bhondu filed a criminal revision against the judgment and order dated 11.1.1993, passed by the v. Ith Additional Sessions Judge, Sitapur in Criminal Appeal No. 74 of 1992 dismissing the appeal and upholding the order dated 20.10.1992 passed by II Ird Additional Munsif Magistrate, Sitapur.
(2.) IN the revision, the order of sentence was modified and the accused have been sentenced to two years simple imprisonment under Section 324/149, I.P.C. and Section 147/323, I.P.C. and to pay a total fine of Rs. 650 each and out of the realisation of the fine, Rs. 500 are to be paid to the injured. This revision was disposed of and the final order passed in the revision is as follows: List revised. None appears. Perused the impugned order. There is no justification for any interference. The revision, thus, is dismissed. Interim order, if any, is rejected. Sd. 1.2.2000. Accused Kadhiley, Ram Pal, Shiv Pal and Dinesh have moved an Application No. 5626 of 2002 on 26.9.2002 along with an Application No. 6336 of 2002 on 29.10.2002, for recall of the order dated 1.2.2000 and for condonation of delay. It is accompanied by an affidavit. The main ground is that the counsel for the revisionists did not appear before the Court and the revisionists came to know for the first time on 13.9.2002.
(3.) APPLICATION No. 5982 of 2002 has been moved by the revisionist Bhondu. It is also accompanied by an affidavit of his mother. The main grounds for recall of the order are given in paragraphs 4 and 5 of the affidavit, which are as follows: 4. That on 28.8.2002, when the deponent/revisionist has been arrested by the police of police station Mishrikh only then he came to know that his revision was listed for hearing on 1.2.2000 and because none appeared on behalf of the deponent/revisionist to argue the revision, the Hon'ble Court was pleased to dismiss the revision without hearing the revisionist.;