R. A. MISRA, J. ( 1 ) KAJI Zamirn Ahmad aged about 29 years is a resident of village Khata Nagariya, Police Station Milak in the district of Rampur. He along with his younger brother Bashir purchased a tractor after obtaining loan from the State Bank, Milak in the year 1970. He gave the aforesaid tractor on hire to the accused Nasir Raja Khan, a resident of the same village, in August 1973 at Rs. 100/- per day and received Rs. 4000/- as advance in a few instalments. The accused Nasir Raja Khan passed on the aforesaid tractor to his relation Mansub Ali Khan, resident of village Dharupur Thakuran in the district of Bareilly. The accused Nasir Raja Khan called Kaji Zamir Ahmad through his son Sajid Raja Khan at about 6. 30 p. m. on 23rd April, 1974. Kaji Zamir Ahmad Khan reached at the residence of the accused Nasir Raja Khan. He found Zahid Khan, Irshad Khan and two unknown persons of Rampur city there. The accused Nasir Raja Khan closed the door of his Baithak from inside when Kaji Zamir Ahmad P. W. 1 reached there. The persons sitting in the Baithak were armed with cane, lathi and Hockey sticks. The accused Nasir Raja Khan said that he would clear the accounts as Kaji Zamir Ahmad was complaining to several persons about the rent of the tractor. After saying so the accused Nasir Raja Khan asked Kaji Zamir Ahmad to copy out a receipt which was handed over to him. He refused, whereupon, he was threatened. Then be was forced to write down a receipt on the dictation, of Nasir Raja Khan. Be was forced to give a back date in the receipt. Thereafter, he was warned not to disclose this affair to anyone outside. He then came out of the Baithak. The accused Nasir Raja Khan and his companions named above also came out. Kaji Zamir Ahmad protested outside the Baithak that Nasir Raja Khan did not behave well and that he would not remain silent and that its consequence would not be good. Just then the accused Nasir Raja Khan asked his companions to beat Kaku Zamir Ahmad. All the six accused then began to beat him. Nasir Raja Khan was armed with a cane. The accused Irshad Khan was armed with hockey. Just then the accused Nasir Raja Khan asked his companions to beat Kaku Zamir Ahmad. All the six accused then began to beat him. Nasir Raja Khan was armed with a cane. The accused Irshad Khan was armed with hockey. The accused Zahid Khan was armed with knife and the accused Sajid Khan was armed with Danda. The remaining two unknown persons were armed with Lathis. Kaji Zamir Ahmad cried. His cries attracted Mohd. Shafi P. W. 2 and Smt. Quadiri- Begum. They tried to help the victim and so they were also beaten. All the three victims then cried and their cries attracted Ahmad AU P. W. 3, Ishrat Khan and Qadir Khan.- The accused then left the place. Kaji Zamir Ahmad P. W. 1 lodged the first information report at 9. 25 P. M. on the same night at police station Milak. The distance of police station being two miles from the place of occurrence. ( 2 ) DR A. S. Bhatnagar P. W. 6, District Hospital, Rampur, examined Kaji Zamir Ahmad P. W. 1 at 7 A. M. and Smt. Quadiri Begum at 8. 15 A. M. on 24. 4. 1974 and found the following injuries on their persons as enumerated in the injury reports Ext. Ka-7 to Ext. Ka-9. The following injuries were found on the person of Kaji Zamir Ahmad; 1. One lacerated wound 3 cm x 2 cm x bone deep on medial side of Rt. Leg 7 cm below knee joint fracturing the bone tibia (compound fracture), advised X-ray to confirm whether one bone is fractured or both bones fractured. Coagulated blood present around the wound. 2. One abraded reddish contusion 9 cm x 6 cm on the outer and front side of the Rt. leg in the middle, kept under observation, advised X-ray. ( 3 ) ONE lacerated wound. 5 cm x 3/4 cm x scalp deep on left side of head 8 cm above left eye brow. Coagulated blood was present around the wound. One incised would 4 cm x 1/2 cm slightly oblique in direction from inner to outer side on the forehead just above the outer side of left eye brow. Coagulated blood present around the wound. One incised wound 1 cm x 1/2 cm x 1/2 cm transverse in direction fracture to outer side just on the outer side of left eye brow, 3/4 cm below injury no. Coagulated blood present around the wound. One incised wound 1 cm x 1/2 cm x 1/2 cm transverse in direction fracture to outer side just on the outer side of left eye brow, 3/4 cm below injury no. 4. Coagulated blood around the wound. One abraded reddish contusion 5 cm x 3 cm on the back of Rt. elbow joint, kept under observation, advised X-ray. One reddish contusion 4 cm x 2 cm on the back of the middle of Rt. forearm having one abrasion 1 cm x 1/2 cm on it. One reddish contusion 3 cm x 1 cm on the back of Rt. forearm, 10 cm above Rt. wrist joint. One reddish contusion 4 cm x 5 cm on the back of left elbow joint, kept under observation, advised X-ray. One reddish contusion 5 cm x 4 cm on back of left forearm 5 cm above left wrist joint suspecting fracture, advised X-ray. Multiple reddish contusion in an area of 20 cm x 8 cm on the outer side of left leg between the middle of the left and ankle joint. One reddish contusion wound on lower side of the back 13 cm x 4 cm on the middle crossing at 3 rd number vertebra of spine. One reddish contusion 2 cm x 4 cm an the lower side of the left back 6 cm above iliac crest. One reddish contusion 8 cm x 3 cm an the lower side of the left back extending an front side of lower chest 8 cm above sub-castal margins. 3. The following injuries were found an the person of Mohd. Shafi: 1. One reddish cantusion 17 cm x 2 cm an the upper part of Rt. shoulder blade extending upto the upper part of Rt. Arm. 2. One reddish contusion 6 cm x 2 cm an the back of left -shoulder blade in middle. 3. One reddish contusion 4 cm x 2 cm an the back of Rt. shoulder blade in the middle. 4. One reddish contusion 3 cm x 1 cm an the back of Rt. forearm in the middle. 5. One reddish contusion 6 cm x 2 cm an the Rt. leg 18 cm below knee joint. 6. One reddish contusion 5 cm x 1 1/2 cm an the front of upper part of left chest. 7. 4. One reddish contusion 3 cm x 1 cm an the back of Rt. forearm in the middle. 5. One reddish contusion 6 cm x 2 cm an the Rt. leg 18 cm below knee joint. 6. One reddish contusion 5 cm x 1 1/2 cm an the front of upper part of left chest. 7. One reddish contusion 2 cm x 1 cm an the top of Rt. shoulder. 8. Complain of pain an the back of left little finger but no marks of injuries were visible. 9. One lacerated wound 5 cm x 1 cm x scalp deep an the Rt. side of the head 10 cm above Rt. ear. 4. The following injuries were found an the person of Smt. Kadari Begum: 1. One abraded reddish contusion 9 cm x 4 cm an the front of the upper part of the leg just below the knee joint. 2. One reddish contusion 3 cm x 1 cm an the left side of face just below left eye. 3. Complain of pain in the sale of left foot but no. marks of injuries were seen. ( 4 ) IN the opinion of the medical experts the injuries of the aforesaid victims could have been caused at about 6. 30 P. M. of 23rd of April, 1974. The injuries of all the victims were simple in nature except the injury Nos. 1 and 10 of Kaji Zamir Ahmad, which were grievous in nature. ( 5 ) SHRI Mohd. Vaseem Siddiqi P. W. 7, the then Station Officer, police station Milak, investigated the case, recorded the statements of the witnesses prepared the site plan and submitted the charge- sheet against all the four accused after completing the investigation. All the accused pleaded not guilty and claimed to be tried. The prosecution examined Kaji Zamir Ahmad P. W. 1, Mohd. Shafi P. W. 2 and Ahmad Ali P. W. 3 as the witnesses of fact. Dr. A. S. Bhatnagar is a medical expert who has examined the injuries of the victims and Dr. S. C. Kashyap P. W. 5 is the Superintendent of District Hospital, Rampur, who has proved the X-ray reports regarding the two injuries of Kaji Zamir Ahmad. Mohd Vaseem Siddiqi is the Investigating Officer of the case. Raj Pal Singh P. W. 8 is the constable of police station Milak, who has received Ext. Ka-16 an 4. 3. S. C. Kashyap P. W. 5 is the Superintendent of District Hospital, Rampur, who has proved the X-ray reports regarding the two injuries of Kaji Zamir Ahmad. Mohd Vaseem Siddiqi is the Investigating Officer of the case. Raj Pal Singh P. W. 8 is the constable of police station Milak, who has received Ext. Ka-16 an 4. 3. 1975 from Kaji Zamir Ahmad and made relevant entry in the General Diary. The court below had summoned and examined Mansub Ali Khan C. W. 1 as court witness. He is station officer of police station Dharpur Thakuran in the district of Bareilly. He has proved that the receipt of the tractor was not in his possession and so he could not produce the same before the court below. The accused have examined 9 witnesses, to wit Radhey Ballabh D. W. 1, Nirbhai D. W. 2, Dr. Sabbir Husain D. W. 3, Ganga Singh D. W. 4, Ahmad Ali Khan D. W. 5, Jiya Lal D. W. 6, Babu Khan D. W. 7, Ashik Ali D. W. g and Om Prakash D. W. 9. ( 6 ) THE learned Munsif Magistrate an a consideration of the entire evidence arrived at the conclusion that the charges were not proved against the accused beyond doubt and so he acquitted them of all the charges. The State has felt aggrieved and preferred an appeal which has been admitted and registered as Government Appeal No. 496 of 1977. The complainant Kaji Zamir Ahmad has also felt aggrieved and preferred a revision which has been admitted and registered as Criminal Revision No. 328 of 1977. The Government Appeal as well as Criminal Revision bath can conveniently be disposed of by a single judgment. This judgment would govern both, to wit the appeal as well as the revision. ( 7 ) THE learned Magistrate has rightly observed in his judgment that there is solitary evidence of the complainant Sri Kaji Zamir Ahmad to say that the accused have forced him to write receipt inside their Baithak, and that under the prevailing circumstances it is not safe to place reliance on his solitary testimony. The aforesaid finding reached by the trial court cannot be said to be unreasonable or perverse and so should not be disturbed in an appeal against acquittal even if it be possible to reach a different conclusion. The aforesaid finding reached by the trial court cannot be said to be unreasonable or perverse and so should not be disturbed in an appeal against acquittal even if it be possible to reach a different conclusion. The appellate court in an appeal against acquittal is required to be slow in disturbing the finding -pf fact of the trial court and if two views are reasonably possible on the evidence on record, it is not expected to interfere simply because the appellate court feels that it would have taken a different view if the case had been tried by it. In the result I see no reason to interfere with the findings of the court below that the charge under Section 384 Indian Penal Code is not proved against the accused respondents and the acquittal of the accused appellants of the charge under Section 384/149 of the Indian Penal Code is up held. The learned Magistrate has held in paragraph 17 of his judgment that Kaji Zamir Ahmad P. W. 1, Mohd. Shati P. W. 2 and Kadri Begum did receive injuries on the date and time of the occurence. He has, however, held that it is not proved that the aforesaid persons have received the injuries in the manner as is alleged by the prosecution so he has acquitted the accused of all the other charges also. To arrive at the aforesaid conclusion with the learned Magistrate has discarded the sworn testimony of Mohd. Shafi P. W. 2 on the ground that he is so much inimical to the accused that no reliance can be placed on his testimony. The learned Magistrate has not elaborated this point. The learned counsel representing the accused respondents has not been able to support this observation of the court below. I find nothing on the record which may support the observation of the court below that Mohd. Shafi P. W. 2 is so much inimical to the accused that it is not safe to place reliance on his testimony; so this observation of the court below is without any material on the record and the testimony of Mohd. Shafi P. W. 2 has been thrown out with out any sound reason. The finding of the court below is that Mohd. Shafi P. W. 1 is unreliable witness is thus unreasonable, perverse and does not bear out from the record. Shafi P. W. 2 has been thrown out with out any sound reason. The finding of the court below is that Mohd. Shafi P. W. 1 is unreliable witness is thus unreasonable, perverse and does not bear out from the record. The learned Magistrate has disbelieved Ahmad Ali P. W. 3 on the ground that he resides at such a long distance from the place of occurrence that his presence on the scene of occurrence is doubtful. The learned counsel for the respondents have not been able to support this observation of the court below and this observation appears to be contrary to the facts bearing on the record. In his cross-examination Ahmad Ali - P W. 3 has deposed in paragraph 15 that his residence is at a distance of only 20 or 22 steps from the place of occurrence; so the learned Magistrate has grievously erred in rejecting the testimony of Ahmad Ali P. W. 3 on the ground that he resides at such a long distance from the place of occurrence that his \presence there becomes doubtful. The evidence on the record on the other hand shows that the witness resides at a very short distance from the place of occurrence, to wit 20 or 22 steps and there was every possibility of his presence on the scene of occurrence. So the finding of the court below that Ahmad Ali P. W. 3 is unreliable witness is also perverse. The learned Magistrate had not given any reason for discarding the sworn testimony of Kaji Zamir Ahmad P. W. 1 so for as the Marpit outside the Baithak is concerned. In the result the assessment made by the learned Magistrate regarding the testimony of three witnesses of fact regarding Marpit is altogether unreasonable and perverse, I have, therefore, closely examined the entire evidence. ( 8 ) KAJI Zamir Ahmad P. W. 1 is the victim. He has narrated the entire prosecution story regarding the Marpit outside the Baithak. He has lodged the first information report at 9. 15 P. M. on the same evening and the first information report fully corroborates him. He has been examined at 7 A. M. on the next morning. The medicn expert has found as many as 14 injuries on his person. The supplementary report shows that two of his injures no. 1 and 10 were grievous in nature. 15 P. M. on the same evening and the first information report fully corroborates him. He has been examined at 7 A. M. on the next morning. The medicn expert has found as many as 14 injuries on his person. The supplementary report shows that two of his injures no. 1 and 10 were grievous in nature. The medical evidence fully supports him regarding the manner of Marpit, weapons used as well as the time and date of the occurrence. Mohd. Shafi P. W. 2 bas also received injuries in this very occurrence. He is named in the first information report. He has also been medically examined and the medical evidence fully supports him. He has received as many as 9 injuries. Nothing has been pointed out in his cross-examination which may go to discredit his testimony. Ahmad Ali P. W. 3 resides at a short distance of 20 steps from the place of occurrence. He heard the cries from his house and rushed to see the occurrence. He is also named in the first information report and has fully supported the prosecution story. He has named all the four accused. Nothing has been pointed out in his cross-examination which may cast doubt on his testimony. In the result the ocular account of the Marpit given by Kaji Zamir Ahmad P. W. 1 is fully corroborated by the first information report, medical evidence and two reliable witnesses. It, therefore, leaves no room for doubt that the accused have caused the injuries in prosecution of the common object of the unlawful assembly of which they were members. It is proved that there were two other unknown persons, who were also members of the unlawful assembly. In the result the charges under Sections 147, 323/149, 324/149. 325/149 are proved beyond doubt against the accused respondents and the charge under section 148 of the Indian Penal Code is also proved against the accused Zahid Khan as be was armed with a knife. They shall, therefore, be convicted of the same. ( 9 ) IN the result, the acquittal of the accused respondents Nasir Raja Khan, Sajid Khan, Irshad Khan and Zahid Khan under Sections 147, 323/149, 324/149, 325/149 and under Section 148 of the Indian Penal Code against Zahid Khan is set aside and they are convicted of the aforesaid charge. They shall, therefore, be convicted of the same. ( 9 ) IN the result, the acquittal of the accused respondents Nasir Raja Khan, Sajid Khan, Irshad Khan and Zahid Khan under Sections 147, 323/149, 324/149, 325/149 and under Section 148 of the Indian Penal Code against Zahid Khan is set aside and they are convicted of the aforesaid charge. ( 10 ) I have given full apportunity to both the parties for making their submissions on point of sentence. Both the parties have filed affidavits. I have gone through the affidavits and considered the facts and circumstances which are relevant on the point of sentence. ( 11 ) NO previous conviction is proved against the accused respondents. Accused Nasir Raza Khan is aged about 50 years and is an agriculturist by profession. He has been Chairman of Town Area Committee, Milak, for a period of about 22, 1/2 years. The appellant Sajid Khan is his son and his age is about 26 years. He is Traffic Superintendent in the U. P. State Road Transport Corporation, a U. P. Government Undertaking. The appellant Zahid Khan aged about 23 years is Supervisor, Municipal Board, Rampur, and Irshad appellant carries business in the district of Rampur. Thus all the appellants are well settled in life. The occurrence took place in the year 1974 and since then about ten years have passed. Special reasons are required to deny the benefit of the Probation Act to the appellants as laid down under Section 361 of the Code of Criminal Procedure. Section. 361 of the Code which is a new provision ill 1973 Code makes it mandatory for the court to record in its judgment the special reasonst for not extending the benefit of the Probation Act to the accused. Thus as observed in Vishnu Deo Shah v. State of West Bengal1 section 361 of the Code of Criminal Procedure creates a duty upon the court to extend the benefit of probation Act to the accused wherever it is possible and to statespecial reasonst if it does not do so. The special reasonst must be such as to compel the court to hold that it Tis impossible to reform and rehabilitate the offender after examining the matter with due regard to the age, character and antecedents of the offender and the circumstances in which the offence was committed. The special reasonst must be such as to compel the court to hold that it Tis impossible to reform and rehabilitate the offender after examining the matter with due regard to the age, character and antecedents of the offender and the circumstances in which the offence was committed. In the instant case as I have observed above the occurrence took place nearly ten years ago; keeping in view the age antecedents of the accused respondents and the circumstances of the case, I find that no Tspecial reasonst exist on the record to deny the benefit of Probation Act to the accused respondents and that it is expedient the interest of justice to release them on probation. In result the accused respondents shall be released on probation of good conduct for a period of 18 months. ( 12 ) THE appeal and the revision are consequently partly allowed. The acquittal of accused respondents under Section 384 of Indian Penal Code is upheld but the acquittal recorded against them under Section 147, 148, 323/ 149, 324/149, and 325/149 Indian Penal Code is set aside. The accused respondents Sajid Khan, Irshad Khan and Nasir Raza are convicted under Section 147 and accused respondent Zahid is convicted under Section 148 Indian Penal Code. All the four accused respondents are further convicted under sections 323/149, 324/149 and 325/149 Indian Penal Code, but instead of sentencing them atonce of the aforesaid charges, I direct each one of them to be released on probation of good conduct for a period of is months subject to each one of them executing a Personal bond of Rs. 1000/ (Rupees One Thousand) with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate Rampur to appear and receive the sentence when called upon during the aforesaid period and in the meantime to keep the peace and be of good behaviour. They are on bail. They are allowed to remain on the same bail for a further period of 45 days to enable them to execute bond and furnish sureties. In default they shall be taken into custody and produced before the Chief Judicial Magistrate Rampur for being sentenced of the aforesaid charges.