Judgment D. L. MEHTA,J. ( 1 ) THIS revision petition has been directed against the judgment dated 27th April1983, passed by the learned Sessions Judge, Sikar, who convicted all the accused under Sections 447, 147,325 read with 149 and 323 read with 149 IPC. The learned Sessions Judge sentenced accused Narain Lal, Peetama Ram and Ramlal under S. 147 IPC to undergo rigorous imprisonment for one year. Similarly, under S. 325 read with 149 IPC all the above named petitioners have been sentenced to undergo one years rigorous imprisonment and fine of Rs. 200/- As far as S. 447 IPC is concerned, one months sentence has been awarded to all the above named petitioners and under S. 328 read with S. 149 IPC. 3 months rigorous imprisonment was awarded. Rest of the petitioners have been granted advantage of Probation of Offenders Act. ( 2 ) I have perused the record of the case and I do not find any force in the submissions made by the learned counsel for petitioners. The conviction of all the accused petitioners is maintained. ( 3 ) THE petitioners and the complainants are the relatives. The incident took-place in the month of February, 1981. The incident has also taken-place may be on account of dispute between the ladies and there was no previous enmity. Ex. P 4, is the injury report of Jamini. The Doctor, has opined that injury number 1, is grevious in nature. He has also found that the middle bone coming outside of the right leg. The Doctor has also opined that this injury has been caused by the sharp edged weapon. Ex. P 3. is the X-ray report. The radiologist has reported fracture of tibia and fibula bone on their mid shaft. ( 4 ) AFTER considering the evidence, the trial court rejected the version that injury number 1, was caused by the sharp edged weapon. All the accused petitioners were also acquitted under S. 326 read with 3. 149 IPC. There is a consistent evidence of the prosecution witnesses that Done of the accused petitioners had any sharp edged weapon with him. Only some of them had lathies with them. ( 5 ) LEARNED Public Prosecutor, cannot be allowed to raise the point of incised injury. 149 IPC. There is a consistent evidence of the prosecution witnesses that Done of the accused petitioners had any sharp edged weapon with him. Only some of them had lathies with them. ( 5 ) LEARNED Public Prosecutor, cannot be allowed to raise the point of incised injury. In a revision petition it was their duty to file appeal against the acquittal under S. 326 read with S. 149 IPC, if they were aggrieved at all. Taking conspicuous picture of the case as well as taking note of the case of Dilbhag Singh v. The State of Punjab, as well as the case of Vishnu Devi v. The State of West Bengal2. I am of the view that the court-below was not justified in extending the benefit of Probation of Offenders Act, to the 3 petitioners namely Narain Ram, Peerama Ram and Ramlal. All the petitioners have been convicted with the add of S. 149 IPC as such they should be treated at par. The revision petition is partly accepted and the conviction is maintained. The sentence awarded to all the 3 accused petitioners namely Narain Ram, Peerma Ram and Ramlal, is hereby set aside to the extent of imprisonment. However, they will have to pay the fine, which has been imposed on them by the court-below within a period of two months in the trial court. In case, they fail to pay the fine they will have to undergo sentence awarded to them for non-payment of fine. As far as the sentence of imprisonment is concerned, it is set-aside and it is directed that they will enter into a personal bond before the trial court together with one surety in the amount of Rs. 2000/- within a period of two months from today to keep peace and be of good behavior and not to commit any offence for the period of 3 years ( 6 ) IN the result, the revision petition is disposed of accordingly as far as Narain Ram. Peerama Ram and Ramlal are concerned. The revision petition filed by the rest accused petitioners namely Ramchandra, Mst. Anchi and Mst. Ramkori is dismissed. Revision petition partly allowed.