- (1.) R. K. Singh, J. None appears to press this revision petition. The learned AGA is present. Perused the impugned judgment and order dated 13-4-1983 passed by the 2nd Additional District and Sessions Judge, Nainital in Criminal Ap peal No. 117 of 1982. The revisionist have been found guilty under Sections 147, 323/149,452 IPC, and has been sentenced by the trial Magistrate/chief Judicial Magistrate, Nainital in Criminal Case No. 379 of 1982 to undergo RI for three months under Section 147 IPC, two months RI under Sections 323/149 IPC and six months RI under Section 452 IPC.
(2.) THE impugned judgment discloses that the learned lower Appellate Court/ii Additional District and Sessions Judge, Nainital has carefully, judiciously perused and evaluated the evidence of all the prosecution witnesses namely, Durgadutt, Ghanshyam Pandey, Geeta, Smt. Kaushalaya Devi who are all inmates of the -house and have given eye-witness account of the house trespass, assault and unlawful as sembly besides Pritam Singh, G. N. Verma, Brij Bhushan, Dr. O. K. Joshi, S. I. Roop Chandra Verma who are police officers and the doctor who examined the injuries of the injured complainant and others. The impugned finding of the Courts below and the consequent order of sentence is perfectly justified on proper appreciation of the evidence on record. No illegality or infirmity is disclosed in the impugned order. The revision petition does not disclose merit and it is according ly dismissed. The interim order dated 20th April, 1983 stands discharged. The learned Court below/chief Judicial Magistrate, Nainital will take proper steps to ensure the arrest of the accused-revisionists and remand them to jail custody to serve out the term of sentence. Revision dismissed. .;