ORDER H.L. Capoor, J. - This judgment shall govern Criminal Revision Nos. 526 and 663 of 1971 as they arise out of the same incident. 2. Nawab Singh, Bhola Singh, Ram Charan, Rajendra, Kishan Lai, Smt. Siriya and Smt. Ram Sri have preferred these applications in revision against the judgment and order, dt. 23-3-1971, of Sri A.P. Agarwal, Civil and Sessions Judge, Agra, dismissing the appeal and maintaining the conviction of the Applicants Under Sections 147 and 332 read with Section 149 IPC and sentences of three months' R.I. u/s 147 and three months' R.I. u/s 332 read with Section 149 IPC awarded to the other Applicants than Smt. Siriya and Smt. Ram Sri who were sentenced to pay a fine of Rs. 50/- each under both the counts and Ram Charan and Rajendra were released on probation of good conduct u/s 4 of the First Offender's Probation Act by the learned Magistrate. 3. It appears that Sri J.L. Chawla, S.O., P.S. Khandauli, Agra, went to village Bas Achlu along with certain constables on 3-4-1966 for executing warrants Under Sections 87/88 Code of Criminal Procedure against one Bhagwan Singh accused wanted u/s 60 of the Excise Act. Some public witnesses were also taken by the police party from the way. An information was received that Bhagwan Singh was at his Khaliyan and hence the police party proceeded towards that side. On seeing the polioe, Bhagwan Singh tried to run away and managed to make good his escape inspite of a chase. Two bullocks of Bhagwan Singh were then attached from his khaliyan. When Vijay Singh, constable, proceeded towards the house of Bhagwan Singh having taken the bullocks, all the Applicants were said to have arrived there being armed with sickles and lathis and snatched the bullocks from Vijai Singh, constable. Rajendra and Smt. Ramsri Applicants started taking them away. When the police party tried to stop them from taking away the bullocks, Nawab Singh Applicant gave one sickle blow on the back of Sri Chawla. On an alarm being raised by Smt. Siriya and Ram Charan, 10-15 villagers were said to have arrived there being armed with lathis, but the constable, Vijai Singh, asked them not to proceed further and it was then that the Applicants Smt. Siriya and Bhola caught hold of him (Vijai Singh) and tore his uniform. On an alarm being raised by Smt. Siriya and Ram Charan, 10-15 villagers were said to have arrived there being armed with lathis, but the constable, Vijai Singh, asked them not to proceed further and it was then that the Applicants Smt. Siriya and Bhola caught hold of him (Vijai Singh) and tore his uniform. One constable was said to have fired a gun shot in the air, but the accused Applicants had assaulted the police party with sickles and lathis and also made an attempt to snatch their guns. It was then that Mashooq Ali, constable, was said to have fired a shot which hit Nawab Singh accused-Applicant in his leg and, thereafter, the villagers ran away. The police party then arrested Nawab Singh, Ram Charan, Kishan Lal and Smt. Siriya on the spot and two sickles and two lathis were also recovered from their possession. These arrested accused were taken to police station and a chargesheet was submitted against them. They were prosecuted and the learned Magistrate having found them guilty, convicted and sentenced them as aforesaid. 4. On appeal being preferred by the Applicants, it was dismissed and the learned Sessions Judge having believed the prosecution witnesses and having discarded the defence version, arrived at the findings that Sri J.L. Chawla along with some constables and public witnesses had gone to the village of the accused persons on 3-4-1966, that Sri J.L. Chawla had attached two bullocks of Bhagwan Singh, that the accused then snatched the bullocks and caused Hansiya injuries to Sri J. L. Chawla and also attacked the police party with lathis and Hansiyas, that the issue of warrant of arrest Ex. Ka 5, warrant of attachment Ex. Ka 6 and warrant of proclamation u/s 87/88 Code of Criminal Procedure was irregular because neither on the warrant of arrest nor on the warrant of attachment, it was mentioned that the warrants could be executed by Sri Chawla or any member of that police station and that the police party having acted in good faith under colour of its office and having attached only two bullocks, the accused had no right of private defence in inflicting injuries on the police party. He accordingly upheld the conviction and sentences awarded by the learned Magistrate. 5. He accordingly upheld the conviction and sentences awarded by the learned Magistrate. 5. learned Counsel for the Applicants has frankly conceded before me that he cannot usefully utilise the time of the Court in pressing the revision on merits. He has, however, urged that because in this case, the warrants were irregular, no offence could be said to have been committed by the Applicants u/s 332 read with Section 149 IPC but u/s 324 read with Section 149 IPC and that the sentences awarded to some of the Applicants err on the side of severity. There seems to be force in the contention of the learned Counsel. It is true that the Applicants could not be said to have any right of self defence, because the public servants were acting in good faith, but because they were not acting in the discharge of their duty in the sense that the warrants were irregular, the offence committed by the Applicants can be only u/s 324 read with Section 149 IPC. Taking into consideration the fact that firing was resorted on behalf of the police party, that Nawab Singh apart from receiving one gun shot injury in his leg also sustained two more injuries, that the injuries received by the injured on the side of the prosecution were only of a simple nature and that some of the Applicants who were awarded substantive sentence of imprisonment have been in jail for about 8-10 days, it would in my opinion meet the ends of justice if their substantive sentence of imprisonment is reduced to the period already undergone and they are also sentenced to pay a fine of Rs. 150/- each u/s 147 IPC and Rs. 150/- each u/s 324 read with Section 149 IPC and in default of payment of fine to undergo the sentences already awarded by the learned Magistrate to them. 6. In the result, the applications in revision are allowed only to this extent that the conviction of the Applicants u/s 332 read with Section 149 IPC is altered to one u/s 324 read with Section 149 IPC and the sentences of Nawab Singh, Bhola Singh and Kishan Lal Applicants are reduced to the period already undergone instead of three months' R.I. each under both the counts and they are sentenced to pay a fine of Rs. 150/-each under both the counts, that is, Under Sections 147 and 324 read with Section 149 IPC and in default of payment of fine within one month from the receipt of the record in the court below, they shall undergo the sentence already awarded by the learned Magistrate. The conviction and sentences of Smt. Siriya and Smt. Ram Sri are maintained. Similarly the release of Ram Gharan and Rajendra Applicants under the First Offender's Probation Act as passed by the learned Magistrate would stand. Nawab Singh, Bhola Singh and Kishan Lal are on bail. They need not surrender and their bail bonds are discharged.