JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 09.12.2016 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 2870 of 2009 whereby the High Court dismissed the said revision ex parte filed by the appellants herein.

3. The appeal involves a short point as is clear from the facts stated infra.

4. The appellants along with other two accused were prosecuted for the offences punishable under Sections 323, 324, 452, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") in Criminal Case No. 247/1 of 2008 by the Judicial Magistrate, Mathura. However, by order dated 01.05.2008, the Judicial Magistrate acquitted all the accused persons including the appellants herein from all the charges.

5. The State felt aggrieved and filed appeal being Criminal Appeal No.81/2008 before the Additional District and Sessions Judge, Mathura. By order dated 20.07.2009, the Appellate Court while partly allowing the appeal upheld the order of the order of the Judicial Magistrate in respect of other two accused and convicted the appellants herein for the offences punishable under Sections 323,324 and