Short Note : 1. The judicial Magistrate First Class, Depalpur, in Criminal Case No. 136/1976 convicted the applicants, who are father and sons for offence under section 325/34, IPC and sentenced each of them to suffer R.I. for nine months and to pay a fine of Rs. 50 in default. further R.I. for fifteen days. The lower appellate Court, in Criminal Appeal No. 293/1977 decided on 30th July, 1977, maintained the conviction of the applicants as also the fine of Rs. 50 but reduced the jail sentence to R.I. for six months. 2. It was urged on behalf of the applicants that considering the fact that the parties are near-relations and the whole incident was because of a dispute between the parties regarding taking of well-water, the applicants should be granted the benefit of section 4 of the Probation of Offenders Act. 3. Considering the facts and circumstances of the case, I am of opinion that it would be expedient to give the applicants the benefit of section 4 of the Probation of Offenders Act, instead of sending them to jail to suffer the sentence of rigorous imprisonment. 4. In the result, the conviction of and the sentence of fine of Rs. 50 awarded to the applicants are maintained. As regards the substantive sentence of R.I. for six months awarded to the applicants, it is expedient that they should be released on probation of good conduct. It is, therefore, ordered that instead of sending them to suffer jail sentence they be released on each of them entering into a bond of Rs. 5000 (five thousand) with one surety each in the like amount for a period of three years, to appear and receive the sentence when called upon during this period and in the mean time to keep the peace and be of good behaviour. Revision partly allowed.