JUDGMENT 1. - This appeal is directed against the judgment dated December 14, 1976 passed by the Additional Session Judge, Dungarpur, by which appellants were convicted for the offence under Section 321/34 Indian Penal Code and sentenced to two years rigorous imprisonment and a fine of Rs. 500/- each, in default to undergo three months rigorous imprisonment each. 2. At the commencement of the arguments, learned counsel for the appellants submitted that in view of the facts and circumstances of the case and lapse of a period of five years since the facts the date of the occurrence, appellants may not be sent behind the bars now. The learned Public Prosecutor submits that the trial court has already taken a lenient view in the matter and no more leniency is warranted and the sentence awarded may be maintained. 3. The perusal of the record shows that the quarrel has taken place on the petty matter of the sheep entering the filed and exchange of abuse between deceased and the appellants. The medical evidence also shows that cause of the death was rupture of spleen which was enlarged one. The fracture sustained by the deceased were on elbow and arm. Hence it cannot be said to be a case of merciless beating. In these circumstances, I am inclined to hold that after a lapse of a period of five years, it would not be proper to send the appellants behind the bars specially when they had already remained in custody so far for a period of about four months. Hence the ends of justice would meet if the sentence awarded to the appellants is reduced to the period they had remained in custody so far alongwith the sentence of fine imposed by the trial court. 4. Consequently, the appeal is partly allowed. While maintaining the conviction of the appellants for the offence under Section 325/34 Indian Penal Code, the substantive sentence awarded to them is reduced to the period they had remained in custody so far. The sentence of fine of Rs. 500/- each, in default to undergo three months rigorous imprisonment each is however maintained. 5. Learned counsel for the appellants prays for two months time to intimate the appellants to deposite the amount of fine. Time prayed for is allowed for depositing the amount of fine in the trial court.Appeal Partly Allowed. *******