Hon’ble Ramesh Sinha, J.—The present crl. revision has been filed against the some part of the judgment and order of remand the case for retrial before the Court below on 18.10.2013 passed by Upper District and Sessions Judge, Aligarh in Crl. Appeal No. 89 of 2013 (Ash Mohammad and others v. State of U.P.) arising out of Case Crime No. 02 of 2010 under Sections 498-A and 323 I.P.C., police station Harduwaganj, District Aligarh.

2. Heard Sri Shrawan Kumar Mishra, Advocate holding brief of Sri Gauri Shankar Mishra, learned counsel for the revisionist and Sri Ashutosh Kumar Tripathi, learned A.G.A. for the State.

Learned counsel for the revisionists submits that the revisionists were convicted for the offence under Section 498-A and 323 I.P.C. by Judicial Magistrate, Court No. 2, Aligarh vide judgment and order dated 5.4.2013 and co-accused Km. Kanchan was acquitted by the trial Court by the same judgment and the revisionists were also acquitted under Section 506 I.P.C. He further submits that against the said order convicting the revisionists under Section 498-A and 323 I.P.C., the revisionists preferred an appeal before the lower appellate Court which was allowed by the lowe