M. K. SHAH, J. ( 1 ) THIS appeal is directed against the order of acquittal passed by the learned Judicial Magistrate First class third court Baroda in criminal case No. 3230 of 1975 acquitting respondents Nos. 1 to 4 that is Original accused Nos. 1 to 4 of the offence punishable under secs. 452 323 324 326 of the I. P. Code as also under sec. 135 of the Bomby Police Act for which they stood their trial before the learned Magistrate. ( 2 ) ). This matter had come up before this Court earlier and it was sent down for additional evidence. ( 3 ) ADDITIONAL evidence has been accordingly recorded by the learned Magistrate of the two witnesses viz. Dr. Jayram Vasudev Lakkad Ex 39 and Mahendrabhai Prabhudas Mehta P. W. 12 Ex. 43. Further statements of the accused are also recorded under sec. 313 of the Code of Criminal Procedure on this evidence. The learned Magistrate has certified this evidence to this court and the appeal has then been placed for hearing. ( 4 ) AS the facts are stated in the previous order passed on September 21 1978 it is not necessary to set them out in details in this judgment. Suffice it to say that the prosecution led evidence to establish its case that the four accused after making preparations trespassed into the hut of the complainant and her husband on the morning of 21-1-1975 and that inquir ing of the complainants husband Kabhai as to why he had come to the village accused No. 1 assaulted him as also the complainant with a stick; that accused No. 2 also came with a dharia and dealt several blows on the complainant as well as Kabhai and accused Nos. 3 and 4 who joined later also dealt blows on the side of the waist of Kabhai. The learned Magistrate on the evidence led before him came to the conclusion that the prosecution had not established beyond reasonable doubt the guilt of the accused; that there was enmity between the village people including the accused on one side and the complainant and her husband on the other side and that it was therefore possible that the complainant might have involved the accused. The complaint was also not involved the accused. The complaint was also not involved the accused. The complaint was also not filed immediately but after a delay of 6 1/4 hours and though there was a certificate with regard to injuries on the injured that was not substantive evidence and as there was no medical evidence supporting the say of the complainant and her husband the prosecution had failed to establish its case. He therefore recorded a finding of not guilty against the accused. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 5 ) THERE is no reason why these two injured persons when the incident has happened in broad daylight in their own house in their own village where they are staying for a number of years should involve the persons who were not their assailants and thereby allow the real culprits to go scot free. It is true there was enmity between the husband of the complainant on the one side and the villagers including the four accused on the other side. But that would not warrant a conclusion that these two injured persons would because of such enmity involve the four accused they were innocent allowing the real culprits to go scot free. ( 6 ) MR. Thakore the learned Advocate appearing for the accused submits that in the instant case the investigation was conducted with such carelessness and negligence that it would be hazardous to rely on the complaint which discloses names of the four accused as the one given by the comlpainant on the very day particularly when there is delay of 6 1/4 hours between the alleged incident and the lodging of the complaint. It is true in the instant case as pointed out by Mr. Thakore the panchnama are not properly drawn some of them do not bear the time when they are made; while one of them viz. Ex. It is true in the instant case as pointed out by Mr. Thakore the panchnama are not properly drawn some of them do not bear the time when they are made; while one of them viz. Ex. 23 shows that the time of the commencement of the panchnama and the time of its completion is left blank This would therefore not inspire confidence so far as these panchnama are concerned and the prosecution cannot rely en those panchnamas in support of their case. But that does not and cannot mean that the complaint which is recorded after a lapse of 6 1/4 hours is not a genuine one. It is true it is recorded after lapse of 6 1/4 hours from the time of the incident. But that delay is properly explained. We have to bear in mind the fact that there were two village people who were belaboured and severely injured in their own house in a village where practically the whole village was against them and from which village they had been compelled to leave because of fright earlier. Serious injuries were caused to the husband of the complainant including 9 incised wounds and an injury in the nature of incised wound as also a fracture of the radius and ulna on the arm was also caused to the complainant. The accused had threatened that they would be killed and after assaulting them with sticks and dharia they had gone away. Her husband had become unconscious for sometime. It would therefore be not advisable to leave immediately after the incident. As stated by the complainants husband accused No. 1 was the son of the police patel of the village and therefore it was no use going to the police patel and giving information about the incident. The husband was not in a position to move out because of serious injuries caused to him. The wife therefore had to leave the place and go to another village viz. Karjan which would take sometime though we do not know what is the exact distance between the two villages and what time it would take. At Karjan she contacted Gurubachansingh. She had to tell what happened to Gurubachansingh and then both of them went to another village viz. Karjan which would take sometime though we do not know what is the exact distance between the two villages and what time it would take. At Karjan she contacted Gurubachansingh. She had to tell what happened to Gurubachansingh and then both of them went to another village viz. Varnama where the first information is lodged Thus time which would be taken in waiting for her husband to regain consciousness in travelling from village Untia to Karjan. in contacting Gurubachansingh and in apprising him of the situation at Karjan and in asking him and getting him ready for accompanying her to go to Varnama and in travelling from Karjan to Varnama. In view of these circumstances it cannot be said that there is delay as such in filing the complaint. The delay is properly explained. Again it cannot be said that this delay has resulted in filling a false case and falsely involving the four accused. There is therefore no substance in the submission of Mr. Thakore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 7 ) ANOTHER factor which weighed very heavily with the learned Magistrate was the evidence on record showing that there was previous enmity between the complainants husband and the village people as also the accused. But this cannot be a ground for jumping to the conclusion that the complainant has therefore falsely involved the accused unless there is some material on record justifying such conclusion. Enmity also provides a motive for the accused to commit a crime which they are alleged to have committed. This factor therefore unless there are circumstances showing that there was any such cause to involve the accused because the real assailants were not known or could not be known would be of no significance. This is not a case in which there would be any doubt about the identity of the assailants so far as the complainant and the accused are concerned. This is not a case in which there would be any doubt about the identity of the assailants so far as the complainant and the accused are concerned. If the incident had taken place during night time or in such a manner that it was not possible for the injured to know who were their assailants then it is possible that the injured in view of the previous enmity with the accused would try to involve them. But this is not the case here. The accused are known to the injured and at the first available opportunity that is immediately when the complainant could go to police station in the first information lodged by her she has specifically named the four accused persons. Therefore this factor also will not assume any significance which it would have otherwise assumed had there been a cause for doubt about the identity of the real assailants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 8 ) THE next circumstances on which reliance has been placed by the learned Magistrate is late filing of the complaint by 61 hours. Mr. Thakore has in this connection relied on THULIA KALI V. THE STATE OF TAMIL NADU A. I. R. 1973 S. C. 501. As observed by the Supreme Court. "first information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The importance of the report can hardly be overestimated from the standpoint of the accused. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version exaggerated account or concocted story as a result of deliberation and consultation. It is therefore essential that the delay in the lodging of the first information report should be satisfactorily explained. "the case before the Supreme Court was one in which the occurrence was not reported for more than 20 hours after the occurrence even though the police station was only two miles from the place of occurrence. In the instant case delay is satisfactorily explained as earlier observed and therefore the reliance placed on this circumstance by the learned Magistrate is placed on an erroneous view of the implications of the delayed lodging of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 9 ) THE main factor which has weighed with the learned Magistrate in this connection is that there was enmity between Kabhai and the village people including the accused; that there were no independent witnesses to corroborate the say of the injured and that most of the prosecution witnesses had turned hostile and were not reliable. He also strongly relied on the fact that only doctors certificate Ex. 33 which was not substantive piece of evidence was brought on record and there was no medical evidence supporting the prosecution case. That factor as earlier stated by virtue of recording of additional evidence has now disappeared. I have also considered the other factors which as observed earlier are not such as would cast any infirmity on the prosecution case. The learned Magistrate also referred to the fact that there was no evidence showing that the weapons used in the attack were attached from the possession of the accused. It is true because the panchas turned hostile the prosecution could not establish this fact. But that means that the prosecution could not rely on that aspect. The learned Magistrate also referred to the fact that there was no evidence showing that the weapons used in the attack were attached from the possession of the accused. It is true because the panchas turned hostile the prosecution could not establish this fact. But that means that the prosecution could not rely on that aspect. In the instant case in view of the cogent and reliable establish in the form of the evidence of the two injured witnesses and in view of the fact that the complaint filed at the earliest possible opportunity shows specifically inter alia the names of the two accused (viz. accused Nos. 1 and 2) as also the fact that their injuries which as the injured Sly were caused by the two accused (viz. accused Nos. 1 and 2) were found on medical examination and that these injuries were such as could be caused by weapons alleged to have been wielded by the assailants at the time of the assault as per the evidence of the injured there is no escape from the conclusion that the charges so far as accused Nos. 1 and 2 are concerned are brought home by the prosecution against the said accused. Now in this connection if we first turn to the evidence of the complainant she refers to the stick blow on her arm being given by accused No. 1. As the evidence of Dr. Lakkad shows there was swelling on the right wrist of the complainant and the wrist was twisted and the X-ray showed fracture of radius and ulna. The complaint also corroborates her say with regard to the said attack by means of a stick by accused No. 1 on her Kabhai also refers to this attack. Again the plaint also refers to a stick blow given to Kabhai by the very accused means of a stick and the medical evidence also shows fracture of the right arm. It is therefore established that accused No. 1 caused grievous hurt to the complainant as well as to her husband Kabhai. Conviction therefore against the said accused will have to be recorded for the offences under secs. 452 and 325 of the Indian Penal Code. It is therefore established that accused No. 1 caused grievous hurt to the complainant as well as to her husband Kabhai. Conviction therefore against the said accused will have to be recorded for the offences under secs. 452 and 325 of the Indian Penal Code. ( 10 ) COMING to the overt acts of accused No. 2 who was armed with a dharia and to whom several blows are ascribed in the evidence of the complainant as well as her husband most of the blows were given by him on Kabhai and as the medical evidence shows there are as many as nine incised wounds on the person of Kabhai. There are also-two incised wounds on the left and right hands of Maniben that is the complainant on her fingers. This accused therefore has caused as many as 11 injuries by means of a dharia to the two injured. This accused therefore sill be guilty for an offence under secs. 452 and 324 of the Indian Penal Code. Though Kabhai stated that he was in the hospital for 12 months the medical evidence shows that he was discharged from the hospital on 4 means he was treated for about 14 days; while so far as Maniben is concerned she was discharged on 3-2-1975-that means she was treated in the hospital for about 13 days and there is no evidence to show that the injuries caused to the complainant as well as to her husband were such as would endanger life or cause the sufferer to be during the space of twenty days in severe bodily pain or unable to follow their ordinary pursuits and therefore conviction to be recorded against accused No. 2 for these injuries would be one under sec. 324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 11 ) SO far as accused Nos. 1 and 2 are concerned as earlier observations show the conclusions drawn by the trial court are such as no reasonable body of men properly instructed in law can reach on the evidence or they are so palpably wrong as to shock the sense of justice. . . . . . . ( 11 ) SO far as accused Nos. 1 and 2 are concerned as earlier observations show the conclusions drawn by the trial court are such as no reasonable body of men properly instructed in law can reach on the evidence or they are so palpably wrong as to shock the sense of justice. This is not a case where another reasonably probable and evenly balanced view is possible in which case this court would be reluctant to interfere. But this is a case which shows that no consideration of the material on record only one reasonably probable view is possible because of prepond erance probability pointing towards the guilt of the accused. Prosecution has therefore brought home the guilt of accused Nos. 1 and 2 with regard to the offences under secs. 452 and 325 I P. Code (accused No. 1) and secs. 452 and 324 (accused No. 1 ). ( 12 ) UNWORTHINESS of the conclusion drawn by the trial court is clearly demonstrated above having regard to all the relevant evidence on record and the order of acquittal therefore so far as it relates to accused Nos. 1 and 2 will have to be set aside and substituted by an order of conviction for accused No. 1 for offences under secs. 452 and 325 and for accused No. 2 for offences under secs. 452 and 324 of the I. P. Code while confirming the order of acquittal with regard to accused Nos. 3 and 4. ( 13 ) APPEAL therefore partly succeeds. ( 14 ) IN response to the notice served with regard to sentence the accused personally appeared along with their advocate and I have heard them. A compromise entered into between the parties on 27th March 1979 showing that the parties have compromised has been filed. But as there is already an order of conviction passed in this matter beyond taking the compromise on file no permission for compounding can be granted by this Court at this stage. However this would be a relevant consideration for the purpose of awarding sentence as has been observed by the Supreme court in RAM PUJAN AND OTHERS V. STATE OF UTTAR PRADESH A. I. R. 1973 S. C. 2418. However this would be a relevant consideration for the purpose of awarding sentence as has been observed by the Supreme court in RAM PUJAN AND OTHERS V. STATE OF UTTAR PRADESH A. I. R. 1973 S. C. 2418. The Supreme court in that case observed as follows:-"as the parties who belong to one family have settled their dispute it is in our opinion not necessary to keep the appellants in jail for a longer period. The major offence for which the appellants have been convicted is no doubt non-compoundable but the fact of compromise can be taken into account in determining the quantum of sentence. "the Supreme court reduced the sentence to the period already undergone with a provision that each of the appellants should pay a fine of Rs. 1 50 in addition to the period of imprisonment already undergone for the offence under sec. 326 read with sec. 34 of the Indian Penal Code. It may be noted that the trial court had awarded imprisonment fot four years; the High Court had reduced it to two years and Supreme Court then passed the said order. ( 15 ) IN my opinion in the instant case in view of the compromise between the parties ends of justice will be met if accused No. 1 who is convicted for the offences under secs. 325 and 452 of the I. P. Code is awarded three months R. I. for both the sentences without awarding any separate sentence for each and accused No. 2 who has been convicted for the offences under secs. 324 and 452 of the I. P. Code is awarded one months R. I. for the said two offences without awarding separate sentence for each one. The accused will surrender within two weeks from today and in case of their failure to surrender warrant of arrest to issue. .