JUDGMENT S.I. Jafri, J. - Kamlesh and Vijai Shanker have filed their appeal No. 223 of 1983 while Karuna Shanker has filed Criminal Appeal No. 287 of 1983 against their conviction under Sections 324/34 and 323/34, I.P.C. and sentences of two years' R.I. and one year's R.I. respectively under the aforesaid sections of the Penal Code, recorded by Sri T.P. Gupta, Special Judge, Unnao in Sessions Trial No. 765 of 1981 by his judgment and order dated 5-3-1983. 2. The case of the prosecution is that Karuna Shanker and Vijai Shanker appellants are real brothers while Kamlesh is the sister's son of Ram Chander. It is alleged that 13 biswas of land was allocated to Hari Shanker by Gaon Sabha and a patta (lease) was executed in favour of Hari Shanker by Gaon Pradhan and since then Hari Shanker had been cultiveting the plot. Prior to the execution of lease in favour of Hari Shanker, Ram Chander used to cultivate this land and execution of lease of the aforesaid land in favour of Hari Shanker caused hostility in the hearts of the appellants. 3. To embark upon the prosecution case on the day of the occurrence, it is alleged that on 29th July, 1981 at about 10 p.m., while Hari Shanker was ploughing his field in his village, appellants (Vijai) Shanker armed with Lathi while Karuna (Shanker armed with) axe arrived at the scene of occurrence and assaulted Hari Shanker with their respective weapons in the presence of Smt. Shyama Devi P.W. 2, wife of Hari Shanker and their daughter Leela Wati and upon the hue and cry raised by the victim and others, the accused bolted away from the scene of occurrence leaving behind Hari Shanker in a precarious condition. After the occurrence, Smt. Shyama Devi P.W. 2, wife of Hari Shanker injured, took Hari Shanker to police station, Purwa where she lodged a report of the occurrence. A case under Sections 308 and 324, I.P. was registered at the Police Station, Purwa the appellants. Thereafter, Hari Shanker was sent for medical examination where his injuries were examined the same day at 5.30 p.m. by Dr. S. N. Chaudhari, Medical Officer Incharge, P.H.C. Purwa. The doctor aforesaid found a many as 21 injuries on his person consisting of 17 contusions, 3 incised wounds and one lacerated wound. 4. Thereafter investigation followed Mohd. Thereafter, Hari Shanker was sent for medical examination where his injuries were examined the same day at 5.30 p.m. by Dr. S. N. Chaudhari, Medical Officer Incharge, P.H.C. Purwa. The doctor aforesaid found a many as 21 injuries on his person consisting of 17 contusions, 3 incised wounds and one lacerated wound. 4. Thereafter investigation followed Mohd. Aslam P.W. 3 conducted the investigation and upon conclusion of the Investigation, a charge sheet was submitted against all the appellants. Appellants were thereafter committed to the Court of Session to stand their trial. 5. The appellants pleaded not guilty to the charge and stated that they were falsly implicated.in the case due to enmity. The accused however, did not examine any defence evidence. 6. The prosecution examined in all four witnesses in support of its case and out of them, Hari Shanker P.W. 1, Smt. Shyam Devi P.W. 3 were examined as ocular witnesses of the occurrence. 7. Hari Shanker who is injured, has dwelt upon the prosecution case in detail deposing that on account of execution of patta in favour of the witness, the appellants way-laid him and amongst whom, Kamlesh and Vijai Shanker were armed with Lathis whereas Karuna Shanker was armed with an axe, and they assaulted him with their respective weapons. He further deposed that the occurrence was witnessed by his wife Smt. Shyam Devi and others as well. Thereafter, he was taken by his wife to the police station where she lodged a report of the occurrence and from there he was sent for medical examination to P.H.C. where his injuries were examined. 8. The evidence of Hari Shanker is fully corroborated by the injury report and also by the evidence of his wife Sint. Shyama Devi. There is nothing in his evidence and the evidence of other witness which may render, their testimony doubtful. Rather their, evidence inspires confidence. No doubt the conviction rests on the testimony of interested witnesses, but there is no reason for the victim and his wife Smt. Shyama Devi to nominate and implicate appellants in this case falsely leaving the real culprits. I have myself very critically examined their evidence and I find the evidence quite reliable and convincing. Under the circumstances, the conviction of the appellants recorded by the trial Court is liable to be affirmed. 9. I have myself very critically examined their evidence and I find the evidence quite reliable and convincing. Under the circumstances, the conviction of the appellants recorded by the trial Court is liable to be affirmed. 9. At this stage, the learned counsel for the appellants commiserating submitted that since the date of occurrence in the instant case, about eight years have rolled by and in view of The fact that the appellants and the complainant both are living amicably and peacefully without any tinge of trace of bad blood between them, it would serve no useful purpose to sent the appellants to jail after a lapse of 8 years. The learned counsel further submitted that the appellants are the only members eking out livelihood for the members of their respective family and in case, they are sent to jail to serve out the sentences, there are strong chances that the family of the appellants may be on the brink of starvation. I also share the views of the learned counsel for the appellants that it would serve no useful purpose to send the appellants to jail after such a long lapse of time and tempo of life may be disturbed and a new wave bad blood may start between the parties. The learned counsel for the appellants submitted that instead of sending the appellants to Jail, the Court be pleased to impose fine on the appellants and reduce the sentences to the period of imprisonment already undergone by the them. I find substance in this submission of the learned counsel for the appellants. 10. In the result, I partly allow the appeal. The conviction recorded by the trial Court is affirmed but instead of sending the appellants to Jail, I impose a fine of Rs. 1,000/- each on the appellants and sentences are reduced to the period of imprisonment already undergone by the appellants. The appellants are allowed three months' time to deposit the fine of Rs. 1,000/- each in the Court of Special Judge, Unnao from the date of receipt of the record in the aforesaid Court. In default of payment of fine, the appellants shall undergo one year's R.I. The learned counsel for the appellants submits that imposition of fine shall not be treated as enhancement in the sentence by the appellants. 11. Out of the fine deposited by the appellants which comes to Rs. In default of payment of fine, the appellants shall undergo one year's R.I. The learned counsel for the appellants submits that imposition of fine shall not be treated as enhancement in the sentence by the appellants. 11. Out of the fine deposited by the appellants which comes to Rs. 3,000/-, a sum of Rs. 2,000/- shall go to Hari Shanker as compensation under S. 357, Cr.P.C. and the remaining sum of Rs. 1,000/- shall go to the State exchaquer. 12. Office is directed to send a copy of this judgment and the record to the Court below for compliance without delay.