Learned counsel for the applicant submits that the instant revision is preferred by Applicant Purshottam on the ground that the First Appellate Court has not appreciated the evidence of the PW-6 Shrimati Bai Patel, who in her statement has stated that she has not identified the accused person, Similarly the .evidence of PW-5 ’Das, Paimashi PW—8 Rugukawar, PW-10 Mongarabai, PW—12 Sudarshan Kanwar has not been considered by the Appellate Court as they have turned hostile. The prosecution witnesses namely PW-1 Jitendra Singh Choudhary, PW—2 Rajaram Aghariya and PW—3 Tularam Patel are the members of the same family and no eyewitness have supported the case of the prosecution. The Appellate Court on the basis of same set of evidence has convicted the applicants for one offence and acquitted the applicants for other i offence which is not proper. She further prayed that looking to the contradiction in the evidence of prosecution witnesses, their Police Statement, First information Report and Court statement the revision may be allowed and the applicants may be acquitted of the offence punishable under section 458 of IPC. Learned counsel for thL/—~~
