JUDGMENT 1. - These two appeals one filed by Pappu S/o Shiv Lal bearing No. 405/78 and the other filed by Shri Gopa Ram and Devi Singh bearing No. 414/78 I arise out of the same judgment rendered by the learned Sessions Judge, Merta City on 29.10.78 in Sessions Case No. 21/75 whereby the learned lower Court has held accused Pappu guilty of the offence u/s sections 379, 323, 341 I.P.C. whereas accused Gopa Ram & Devi Singh have been held guilty of the offence u/s sections 323 and 341 I.P.C. All the accused persons have been acquitted of I the offences under sections 307, 325 I.P.C. and accused Devi Singh and Gopa Ram have been acquitted of the offence 392 and 379 I.P.C. also. For the offence u/s A23 IPC all the accused persons have been sentenced to 9 months R.I. together with I a fine of Rs. 500/- and in default to under go 3 months R.I. For the offence under section 341 IPC, all the accused persons have been sentenced to 15 days S.I., together with a fine of Rs. 100/- and in default to undergo 7 days S.I. For the offence under section 379 IPC, accused Pappu has been sentenced to one years R.I. together with a fine of Rs. 500/- and in default to undergo three months R.I. 2. Aggrieved against this judgment, all the three accused appellants have preferred this appeal. 3. The facts Decessary to be noticed for the disposal of these two appeals briefly stated are that on 23-7-74 Prabhu Singh was travelling by a Bus going from Merta to Parbatsar. He boarded the bus at about 6 P.M. at Merta and when the bus reached near Dangavas 'Gheesa Jat Bers, the bus was stopped by Pappu who was sitting behind the driver. As soon as the bus stopped, Gopa Ram & Devi Singh got down from the bus and Prabhu came near and he ashed him to 9 get down from the bus He refused to get down from the bus because of his earlier enmity with these accused persons, on account of some cooperative society affairs, when Pappu did not succeed in persuading him from getting down from the bus, he sought the help of the other two accused persons i.e. Devi Singh Goparam. Both of them came in the bus and forcibly took him down from the bus and pulled him to the ground and gave beating to him by which he received as many as 7 injuries out of which injury No. 1 was grievous in nature and the remaining injuries were simple. Duration of all the injuries at the time of examination was about 1 to 2 days. The report of the incident was lodged by one Prabhu Singh at PS `Garvardibut as the occurrence took place in the area of P.S. Merta, the report was sent to P. S. Merta where the case was registered against the accused persons under sections 392, 341, 323 & 394 IPC and after investigation, the case was challaned and later committed for trial to the Court of learned Sessions Judge, Merta who after holding the trial, held the accused appellants guilty as aforesaid. 4. Mr. B.R. Choudhary appearing for accused Pappu and Shri D.P. Sarswat and Shri Suresh Kumbhat appearing for accused appellants Devi Singh & Gopa Ram, have not challenged the conviction of the accused appellant recorded by the learned Sessions Judge, Merta. They have however submitted that the occurrence took place in the year 1974 i e. more than 13 years have already elapsed and, therefore, it will be most unjust to sent back the accused appellants to custody after the lapse of such a long time. This contention is not seriously opposed by Mr. R.K. Soni, P.P. for the State. In this case, the accused Pappu has remained in custody from 21.11.74 to 16.12.74 and later from 2,3.78 to 18.3.78 i.e. for 43 days. Devi Singh has remained in custody from 24 11.74 to 16.12.74 i.e. for 23 days and Gopa has remained in custody from 25.11.74 to 16.12.74 i e. for 22 days. Devi Singh & Gopa Ram has been held guilty of the offence under section 323 and 341 IPC. The accused persons have been sentenced only to 15 days S.I. together with a fine of Rs. 100/- for the offence under section 341 IPC and, therefore that sentence does not require any interference. So far as offence under section 323 IPC is concerned, it will meet the ends of justice if the accused person are sentenced to the period their custody along with a fine of Rs. 100/- for the offence under section 341 IPC and, therefore that sentence does not require any interference. So far as offence under section 323 IPC is concerned, it will meet the ends of justice if the accused person are sentenced to the period their custody along with a fine of Rs. 500/- as has been imposed against them by the learned lower Court As regards, the offence under section 379 IPC, I feel that ends of justice will be met if accused Pappu is sentenced to the period of his custody along with a fine of Rs. 500/- 5. In the result, these appeals partially succeed. The conviction of accused Pappu under sections 379, 323 and 341 IPC is maintained- The conviction of accused appellant Devi Singh & Goparam is also maintained under sections 323 and 341 IPC. The sentence awarded to all the three accused appellants under section 341 IPC is maintained. However, the sentence awarded to accused Pappy under section 379 and 323 IPC is reduced to the period of his custody along with the amounts of fine imposed against him by the learned lower Court on both these counts. The sentence imposed on him in default of payment of these amounts of fine are also maintained. So far as accused Devi Singh & Goparam are concerned, their sentence recorded under section 323 is reduced to the period of their custody but the amount off fine imposed against them on this count by the learned trial Court is maintained alongwith the sentence imposed on each of them in default of the payment of this amount of fine. 6. Learned counsels pray that 3 months time may be granted to deposit the amount of fine. They are allowed to 2 months to deposit the fine. Learned Sessions Judge Merta is directed to effect the arrest of the accused persons to undergo the sentence awarded to them in default of the payment of these amounts of fine, imposed against them if the amount of fine or fines is/are not deposited within the aforesaid time. 7. Both these appeals stand disposed of accordingly.Appeals partly allowed. *******