JUDGMENT A.S. Srivastava, J. - Jokhu, Bechu and Bikrama Appellants have filed this appeal against the judgment and order dated 14-11-1977 of the III Additional Sessions Judge, Mirzapur, convicting and sentencing each of them to imprisonment for life u/s 302/34 IPC, to four years' R.I. u/s 307/34 IPC and to one month's R.I. u/s 323/34 IPC. All the sentences are to run concurrently. 2. The Appellants belong to the same family. Jokhu and Bechu are real brothers. Bikrama is their cousin. They are residents of village Rani Chaukia, P.S. Pandari, district Mirzapur. Prithvinath deceased is also a member of the same family. 3. On 22-5-1975 at about mid-day the wife of Jokhu Appellant threw some baby-excreta over a heap of cow-dung cakes of Ram Khelawan for which she was remonstrated by the wife of the deceased. This led to a quarrel between the ladies. The Appellants were not present at the house. They had gone to attend a Barat. Prithvinath deceased, however, happened to reach there and tried to intervene. The case of the prosecution is that when the deceased tried to intervene, the wife of Jokhu pressed his testicles and the quarrel came to an end when other ladies of the house intervened. 4. In the evening at about 6.30 p.m. when the three Appellants returned, their ladies informed them about the quarrel. The three Appellants then went to the deceased who was then sitting in front of his door and told him that since he had indulged in a quarrel with their ladies in their absence, they were going to permanently finish that quarrel. Saying this, they entered their house and emerged with weapons in their hands. Jokhu and Bechu had spears and Bikrama had a Gandasa. Jokhu first gave a spear blow to the deceased. When the deceased tried to run away for safety, he was hit with the Gandasa by Bikrama. Bikrama and Bechu again hit him with their weapons. Ram Khelawan PW 2, his wife Smt. Kalui and his son Babulli PW 6 had also reached there and when they tried to protect him, they were also injured. 5. A report of this incident was lodged at P.S. Pandari on the same evening at 9.30 p.m. by Kedar PW 1, brother of the deceased. 6. The post-mortem examination on the dead body of Prithvinath was conducted on 23-5-1975 at 5.30 p.m. by Dr. 5. A report of this incident was lodged at P.S. Pandari on the same evening at 9.30 p.m. by Kedar PW 1, brother of the deceased. 6. The post-mortem examination on the dead body of Prithvinath was conducted on 23-5-1975 at 5.30 p.m. by Dr. P.C. Kannauija PW 7 who had found the following ante-mortem injuries on his body: 1. One incised wound 4 cm x 0.2 cm x bone deep on the middle of the scalp, 12 cm from the bridge of the nose. 2. One punctured wound 2 cm x 1 cm on the chest cavity deep, directed downward and outward on the left side of the chest wall, 6.5 cm medial to the left nipple. 3. One punctured wound 2 cm x 1 cm x 4 cm deep on the outer aspect of forearm; 4 cm below elbow joint. 4. One incised wound 2 cm x 0.5 cm x tissue deep on the front of the lower part of left arm, 2 cm above the elbow. 5. One linear abrasion 10 cm in length on the left side chest extending from middle on the chest 1 cm short of injury No. 2. Death, according to the doctor, was due to shock and haemorrhage as a result of ante-mortem injuries. 7. The injuries of Ram Khelawan PW 2, Babulli PW 6 and Smt. Kului were examined on 23-5-1975 by Dr. V.P. Gupta PW 5 at 6.55 a.m., 6.45 a.m. and 6.30 p.m. respectively. The following injuries were found on them: Ram Khelawan: 1. Incised wound 6 cm x 1 cm x bone deep on the left side skull 31/2 cm above the left eye brow. 2. Contusion 10 cm x 2 1/2 cm on the left shoulder joint. 3. Abraded contusion 8 cm x 5 cm on the top of the right shoulder joint. 4. Contusion 5 cm x 4 cm on the right side chest, 14 cm below the right nipple. 5. Contusion 1.0 cm x 2 1/2 cm on the left side back, 9 cm below the inferior angle of the left scapula. 6. Traumatic swelling 5 cm x 4 cm on the left buttock. 7. Abraded contusion 20 cm x whole thickness of left eye, including left knee, infront of left eye lower 1/3rd. Babulli: 1. Lacerated wound 1 1/2 cm x 1/2 cm x 1/2 cm. 6. Traumatic swelling 5 cm x 4 cm on the left buttock. 7. Abraded contusion 20 cm x whole thickness of left eye, including left knee, infront of left eye lower 1/3rd. Babulli: 1. Lacerated wound 1 1/2 cm x 1/2 cm x 1/2 cm. on the right side skull, 10 cm above medial to the right ear. 2. Lacerated wound 1 1/2 cm x 1/2 cm x 1/2 cm on the right side of skull, 1 1/2 cm anterior to injury No. 1. 3. Abraded contusion 12 cm x 4 cm on the right side back on scapula region. 4. Abraded contusion 9 cm x 4 cm on the left upper arm outer aspect 11 cm below left shoulder joint. 5. Abraded contusion 12 cm x 4 cm on the left eye medial aspect, 20 cm below iliac spine. 6. Incised wound 10 cm x 3 cm x bone deep on the left knee. Smt. Kului: 1. Contusion mark obliquely placed on back i.e. from lower border of left scapula to waist (36 cm x 2 cm). 8. The prosecution has examined Kedar PW 1, Ram Khelawan PW 2, Jokhu PW 3, Babbuli PW 6 and Smt. Mangri PW 13 as eye-witnesses of the occurrence. 9. The Appellants have denied the prosecution case. They have stated to have been falsely implicated in this case on account of enmity and suspicion. They have, how ever, examined no witness in their defence. 10. After considering the above evidence, the learned Sessions Judge has held the case of the prosecution proved against the three Appellants beyond all reasonable doubt. He has accordingly convicted and sentenced them as already stated above. 11. After examining the evidence on the record, we find ourselves in complete agreement with the learned Sessions Judge that the evidence of the aforesaid witnesses fully establish the prosecution case as against the three Appellants. 12. The deceased had received fatal injuries at his door. His dead body was found there by the Investigating Officer. The witnesses Kedar, Ram Khelawan, Jokhu, Babbuli and Smt. Mangri are all not only natural witnesses but some of them viz. Ram Khelawan and Babbuli had also received injuries. Their presence at the scene of occurrence cannot be doubted. There was no previous animosity on account of which they can be said to be interested in false implication of the Appellants. Their statements are, therefore, reliable. Ram Khelawan and Babbuli had also received injuries. Their presence at the scene of occurrence cannot be doubted. There was no previous animosity on account of which they can be said to be interested in false implication of the Appellants. Their statements are, therefore, reliable. Their statements are also supported by the medical evidence. The number and the nature of the injuries received by the deceased as well as Ram Khelawan, Babbuli and Smt. Kului leave no room for doubt the nature of weapons and number of assailants involved as stated by the aforesaid witnesses. These witnesses are the last persons to spare the real assailants and implicate the Appellants falsely in case they were not responsible for the incident. For these reasons, we agree with the finding of the learned Sessions Judge so Completely that no further discussion of the statements of these witnesses is necessary. The learned Sessions Judge has given detailed reasons for his conclusion. Suffice it to say that we agree with his finding that the case of the prosecution is proved in this case against the Appellants beyond all reasonable doubt. However, we do not agree that on the facts proved the Appellants or any one of them is guilty u/s 302 IPC. 13. It is apparent that on the date of the occurrence there was no previous enmity or dispute between the deceased and the Appellants. A petty quarrel between the ladies of the house in the day had culminated into an ugly incident in the evening. The Appellants appear to have indulged into this act probably misguided by their egocentric nature and not with an intention to kill. The intention was to satisfy their wives by displaying their chivalry .But even though the Appellants had no intention to cause death of any one, they having wielded weapons like spear and Gandasa, shall be deemed to have acted with the knowledge that they were likely to cause injuries which were likely to cause death. They all must, therefore, be convicted u/s 304 Part II/34 IPC for the death of Prithvinath. Their conviction u/s 302/34 IPC will have, therefore, to be altered. Similarly their conviction and sentence u/s 307/34 IPC will have to be altered to one u/s 325/34 IPC because the injuries received by Ram Khelawan do not indicate that they were caused to him with the intention of causing his murder. Their conviction u/s 302/34 IPC will have, therefore, to be altered. Similarly their conviction and sentence u/s 307/34 IPC will have to be altered to one u/s 325/34 IPC because the injuries received by Ram Khelawan do not indicate that they were caused to him with the intention of causing his murder. Their conviction u/s 323/34 IPC will however, have to be maintained. 14. The Appellants and the injured witness Babulli and Smt. Mangri have filed a compromise in this appeal. It is alleged in the compromise that Ram Khelawan is dead. However, the prayer made in this application has already been rejected as the offences committed by the Appellants are non-compoundable. But the compromise can be taken into consideration for awarding an appropriate sentence to the Appellants. The occurrence had taken place in 1975 and the Appellants are on bail. This compromise indicates that relations between the parties have been restored and a severe punishment may have a retrograde effect on their relations. 15. In the result, this appeal is partly allowed. The conviction and sentence of the Appellants u/s 302/34 IPC and u/s 307/34 IPC are set aside. Their conviction u/s 323/34 IPC is, however, maintained but their sentence under this section is also set aside. Instead of their convictions under Sections 302/34 and 307/34 IPC, they are convicted under Sections 304 Part II/34 and Section 325/34 IPC. However, instead of sending them to prison, they are given the benefit of U.P. First Offenders' Probation Act. Therefore, instead of sentencing them at once to any punishment for their convictions, we direct that the Appellants be released on their furnishing a bond of Rs. 3000/- (Rs. Three Thousand) with two sureties each in the like amount to appear and receive sentence when called upon to do so during a period of three years from today and in the meantime to keep the peace and be of good behaviour. The Appellants are allowed to furnish the bonds as stated above within one month from the date of the receipt of the record by the trial court. The office is directed to send the record of this case to the trial court within fifteen days from today. Appeal partly allowed.