Hon’ble Virendra Singh, J.—Suresh the accused/revisionist, preferred this revision against the judgement and order dated 14.6.1983 passed by Sri Praduman Kumar HJS 7th Additional Sessions Judge, Badaun in Criminal Appeal No. 286/1982 (Suresh v. State) whereby the learned Lower Court dismissed the appeal and upheld the order dated 6.10.1982 passed by learned Judicial Magistrate 2nd, Badaun in Case No. 791/1982 (State v. Ram Autar and others) in which the accused/revisionist was convicted and sentenced to undergo RI for one year for the offence under Section 458 IPC and RI for 6 months for the offence under Section 323/34, IPC with the direction that both the sentence shall run concurrently.

2. I have heard learned counsel for the revisionist and learned AGA on behalf of the State of U.P. The respondent and perused the record.

3. It is submitted on behalf of the revisionist that no case under Section 458 and Section 323/34 IPC was made out against the revisionist and the judgement of the Courts below are bad in law. There is no independent witness to support the prosecution case. The witnesses produced by the prosecution are related to the complainant. Even independent witnes