Short Note : The appellants 1, 2 and 4 have been convicted under section 323 of the Indian Penal Code and sentenced to rigorous imprisonment for four months and the appellant No. 3 has been convicted under section 324 IPC and sentenced to rigorous imprisonment for six months. Held : Now about sentence, it is urged that the incident is of May 1972 and that none of the injuries have been found to be grievous in nature and looking to these facts, jail sentence is not called for and instead fines may be imposed, but I do not agree. The complainant Ramdas has mentioned that he was also assaulted previously by these persons. In this case, in the dead of the night these appellants kept in waiting all duly armed with the intention of causing grievous hurt or death to the complainant, may be because the complainant fell down unconscious the appellants left him at that stage thinking him to be dead. The injuries were caused on the vital parts of the body but luckily the complainant has been saved. Though the offence under section 307 has not been made out nor any case under section 325 has been made out as the report of X-ray examination is not on record, still the appellants have been lightly let off. None of the appellants have undergone any jail sentence till today as they were released on bail after conviction by the trial Court. Therefore, no further leniency can be shown. Appeal dismissed.