N.B. Asthana, J. - (1.) This revision has been directed against the judgement and order dated 15.12.94 passed by Xth Additional Sessions Judge, Moradabad in S.T. No. 722 of 1991 acquitting the opposite parties No. 2 to 5 of the offence punishable under Section 302 Indian Penal Code. It has been contended that the judgement of the trial court is not based on the evidence on record, that the prosecution witnesses have supported the allegations made in the F.I.R. that they have been wrongly disbelieved by the trial court and that the FIR was prompt and that a knife is said to have been discovered at the instance of opposite party No. 4 Santosh and that the trial court brushed aside without any valid reason the aforesaid evidence and the circumstances of the case. It has also been urged that the motive for committing the crime has also been proved. From the allegation made in the FIR it is clear that opposite parties, Chetan, and Santosh were armed with country made pistols while Bholu and Prem were armed with dandas. The post mortem examination report would indicate that incised wounds and abrasions were found upon the dead body. No firearm injury was found. The allegations made in the FIR and the post mortem examination report are contradictory and the medical evidence, therefore, did not support the prosecution story as taken in the FIR. It appears that thereafter an attempt was made to explain the incised wounds found upon the dead body and it was stated at the time of evidence that one of the accused namely Santosh was having knife in his hand, and he had given knife blow to the deceased. it was also given out by the prosecution witnesses that the dandas in the hands of opposite parties had iron nails fixed at the top of it but one of the witnesses in his statement gave out that these iron nails were not sharp edged. This variance in the medical evidence and the F.I.R. has not at all been explained. This alone was sufficient to come to the conclusion that the witnesses examined in the case had not seen the incident. The trial court has also given reasons for not believing the prosecution evidence and has also disbelieved for valid reasons and evidence regarding the discovery of the knife. In view of the matter the judgement of the trial court cannot be said to be perverse or not based upon the proper assessment of the evidence adduced in the case. The revision is without any substance and is liable to be dismissed. The revision is dismissed at the admission stage. Revision Dismissed. ;