Short Note : 1. This is a revision petition against the order of conviction recorded by the Magistrate, First Class, Bhander and which is confirmed by the judgment dated 28-6-1974 by the First Additional Sessions Judge, Gwalior in appeal. Held : After reading the evidence of Mangaliya (P.W.1) and Devprasad (P.W.2) and Laxman (P.W.2), there can be no doubt that the applicants came together with an intention to give a beating to the complainant. Narayandas had a Pharsa with him and other persons had Lathis with them and their coming together and entering the house of Mangaliya (P.W.1), clearly shows that they had an intention of giving a beating to Mangaliya (P.W.1). Therefore, the finding of the Courts below that they formed an unlawful assembly cannot be said to be perverse. From the medical evidence also, it is clear that they gave a good beating to the complainant and others who came to rescue him. 2. When it is held that the applicants formed an unlawful assembly, then I need not discuss whether there was any overt act on the part of Narayandas and Ramkumar. But even from the evidence of Mangalia (P.W.1) and Devprasad (P.W.2) it is clear that Narayandas and Ramkumar took part in the beating and they gave blows by the weapon which they had in their hands. The other witness Punu (P.W.5) and medical evidence given by Dr. Subhash. (P.W.8) and Dr. Jain (P.W.10), support the story which is unfold by Mangaliya (P.W.1) in the Court. Therefore, I am not ready to hold that against Narayandas and Ramkumar, there is no reliable evidence relating to their participation in the crime. 3. That there were cross cases and a compromise was effected is not denied. The effect will be that this point should be considered when I come to the question of sentence so that if there is a compromise between the parties in other case, in this case also, such sentences should be awarded as not to revive the old enmity again. 4. As far as Ramkuar is concerned, as I am passing the order as given in this case, I need not consider the question of giving the benefit of the provisions of Probation of Offenders Act to Ramkumar. 5. 4. As far as Ramkuar is concerned, as I am passing the order as given in this case, I need not consider the question of giving the benefit of the provisions of Probation of Offenders Act to Ramkumar. 5. As I have already mentioned, because of a compromise in other case, I am of the view that I need not send the applicants again to Jail. Therefore, their jail sentences are reduced to the extent already undergone by them, but the sentence of fine is confirmed with a condition that half of the amount of fine, if recovered, will be given to Manglaiya (P.W.1), Devprasad (P.W.2) and Punu (P.W.5) in equal shares Revision partly allowed.