- (1.) J. C. Mishra, J. This revision was filed by the accused Nathu, Munna, Saddiqui and Nasar Ahmad challenging the order dated 7-1-1983 passed by IVth Addi tional Sessions Judge, Bijnor dismissing the criminal appeal preferred against the order dated 31-7-1982 passed by Munsif Magistrate, Bijnor convicting them for the offences punishable under Sections 323, 324 read with Section 34 I. P. C. and sen tencing them to undergo rigorous im prisonment for 6 months and two years respectively and also to fine of Rs. 500/- anurs. 1000/-respectively.
(2.) LIST revised. None appears for the revisionists. Heard learned A. G. A. and perused the record. The accused-revisionists Nathu and Nisar Ahmad are reported to be dead. The non-bailable warrants issued against these accused have been returned with the report that they have died. The accused Munna has not appeared despite the fact that warrant was served on him. The bail able warrant sent to Saddiqui could not be served on him. A perusal of the judgment passed by the Magistrate would show that the ocular testimony which found to be reli able was corroborated by medical report and First Information Report. Both the trial Magistrate and appellate Court con sidered the evidence adduced by the prosecution and found it to be trustwor thy. The statement of DW-1 was not found to be reliable. The finding of conviction does not suffer from any error.
(3.) THE revisionists were convicted on 31st July, 1982 with respect to the offence, which was committed by them in the year 1978. THE revision preferred by them is pending since 17th January, 1983. Con sidering the fact that the incident had taken place long before, I find that it would not be proper to send the accused to jail. The revision abates against ac cused-revisionists Nathu and Nisar Ahmad.;