Judgment G. K. SHARMA, J. ( 1 ) THIS appeal is directed against the Judgment dated 8/8/1984 passed by Sessions Judge, Sikar convicting the appellants under section 325, I. P. C. and sentencing Chouthu to two years R. I. and a fine of Rs. 1000. 00, in default to undergo 3 months R I. Under section 323 I. P. C. sentence to 6 months R. I. and a fine of Rs. SOD!-, in default of payment of fine to undergo 1 months R. I. Bhana Ram has been convicted under section 323, I. P. C. and sentenced to 6 months R. I and a fine of Rs. 500. 00, in default of payment of fine to undergo one months R. I. ( 2 ) BOTH the accused, persons were challaned under sections 307, 323/34, I. P. C. After trial the learned Sessions Judge found Chouthu guilty under sections 325, and 323, I. P. C. and accused Bhana Ram under section 323, I. P. C. and sentenced them as mentioned above. ( 3 ) THE learned counsel for the appellants did not argue on the merits of the case and prayed that the appellants be ordered to be released on probation as the incident had taken place on a very tivial matter. He has relied on 1979 S. C. C. (Cri.) 376 and also at page 817. ( 4 ) THE learned P. P. objected to grant probation. Considered the argument and perused the record and the law cited by the learned counsel for appellant. This incident bad taken place on 6/2/1984 and after lapse of long time it would be quite unjust to send the appellants to jail to undergo the sentence. There is nothing on the record adverse to the character and conduct of these appellants. Hence they are given the benefit of releasing on probation. ( 5 ) THE appeal is partly accepted. The conviction of the appellants as held by the trial court is maintained. Instead of sending them to jail, they are ordered to be released on probation on furnishing one surety of Rs. 5000. 00 and a personal bond of the same amount to the satisfaction of the trial court for keeping peace and good behaviour and conduct for a period of two years. Instead of sending them to jail, they are ordered to be released on probation on furnishing one surety of Rs. 5000. 00 and a personal bond of the same amount to the satisfaction of the trial court for keeping peace and good behaviour and conduct for a period of two years. If such offence is repeated during this stipulated period then they would surrender themselves to undergo the sentence awarded to them by the trial court. The bonds be executed by them within two months. Appeal partly accepted.