S. I. JAFRI, J, J. ( 1 ) PALJHAN, Gudhan, Shyam Bali, Lal Muni and Inderjeet have med the aforesaid appeal impugning their conviction under section 324 and 323 I. P. C. recorded by Sri S. P. Varma, 4th Addi. Sessions Judge, Gorakhpur vide his judgment and order dated 18/2/1985 in S. T. No. 43 of 1984. Consequent to their conviction, the appellants Paljhan, Gudhanand Shyam Bali were sentenced to undergo R. I. for two years whereas Lal Mani and Inderjeet- were placed on probation to keep good conduct for a period of one year subject to their furnishing personal bond of Rs. 1,500. 00 each with two sureties each in the like amount. ( 2 ) THE events preparatory to the occurrence in the instant case are that the complainant Harendra Singh alongwith his cousin Surya Narain Singh hadt gone to the Harijan Basti of village Gerua Baeu Bhenripur Toal on 26/5/1981 at about 11 A. M. for a watch of the two jack-fruits and on reaching the place, they found that Plajhan and Gudhan of Harijan Basti were cutting up the jack fruits from the aforesaid trees. The complainant and his cousin resisted their action upon which Paljhan and Gudhan and other accused persons began to inflict blows by means of laihies, Ballam and knife on being exhorted and incited by accused Syam Bali. At the time of occurrence, accused Shyam Bali, Lalmani and Inderjeet were armed with lathies and spear while the accused persons Paljhan and Guddhan were armed with knives. They all began to belabour Surya Narain by means of the aforesaid arms. On the alarm raised by Harinder Singh complainant, a number of witnesses were attracted to the scene of occurrence. On seeking the witnesses approaching, the accused persons fled away from the scene leaving behind Surya Narain in an injured State. Surya Narain Singh injured was rushed to B. H. C. Bansgaon where from he :was referred to District Hospital Gorakhpur and at district hospital, Gorakhpur the injuries of the injured was examined on the same day at 1. 35 P. M. The complainant went to the Police Station Bansgaon to lodge the report only after he had taken the injured and admitted him to the District Hospital Gorakhpur and he could come to the Police Station only at 9. 15 P. M. to lodge the report. 35 P. M. The complainant went to the Police Station Bansgaon to lodge the report only after he had taken the injured and admitted him to the District Hospital Gorakhpur and he could come to the Police Station only at 9. 15 P. M. to lodge the report. The report of the occurrence was lodged at 11. 10 P. M. at Police Station Bansgaon. The Head constable prepared a chik report and registered the case in the general diary of the Police Station under section 307/ 147/ 148/307 I. P. C. The investigation in the case followed and the investigation officer visited the place of occurrence on 28/5/1981. On reaching the place of occurrence, the Investigating officer, recorded the statements of the witnesses, prepared Site plan and after concluding the investigation, he submitted chargesheet against the appellants in the court. ( 3 ) IT would also be worth while to delineate the defence set up in the instant case. From the side of the accused, an application was sent to Sr. Supdt of Police Gorakhpur on 27/5/1981 by Paljhan appellant-stating therein that on 26/5/1981 at about 10 A. M. , his sons wife Smt. Devanta was cutting vegetable in the Verandah of her house when Narain Singh trespassed into the house and he forcibly wanted to have intercourse with her. Apprehending her modesty being outraged by Surya Narain Singh, She raised an alarm and on reaching the scene of occurrence, he found that Surya Narain Singh had pushed her down on the ground and She was struggling to wriggle out and in the process She inflicted knife blows on Surya Narain Singh. On coming to the rescue of her daughter-in-law, Surya Narain Singh also assaulted him by means of Danda. He raised an alarm and on his alarm Gudhan, and Mangru and others rushed to the scene and intervened to save them from further assault by Surya Narain Singh. It was further given out in the report that after the occurrence, he went to the Police Station to lodge the report but the authorities there refused to accept his report and instead, he was turned out of Police Station. From the Police Station, he went to Gorakhpur where he got himself medically examined, on 27/5/1981 at 10 A. M. at Gorakhpur. From the Police Station, he went to Gorakhpur where he got himself medically examined, on 27/5/1981 at 10 A. M. at Gorakhpur. ( 4 ) THE accused persons pleaded not guilty to the charge and attributed their false implication in the case to the complainant being inimically-disposed to the accused persons. It was further claimed by the accused persons that the jack tree belonged to them from before the abolition of Zamindari. To fortify its case, the defence examined Tameshwar as D. W. 1, Smt. Devanta as D. W. 2 and Dr. K. K. Mall as D. W. 3. On the other hand the prosecution examined in all five witnesses in support of its case and out of them, Harinder Singh P. W. 1, Surya Narain Singh P. W. 2, and Raj man. P. W. 3 were examined as ocular wiblesses of the occurrence. ( 5 ) DR. S. P. Sareen P. W. 5 had examined the injuries on the person of Surya Narain Singh on 26-5-81 at 1. 35 P. M. at District Hospital Gorakhpur and following injuries were found on the person of Surya Narain Singh. 1. Lacerated wound 6, 1/2cm x 1/2cm x scalp deep on left side of head 5 cm above from led eye brow, margin irregular and continued, bleeding present from the wound, kept under observation and advised X-ray. 2. Lacerated wound 4 cm x 1/2 cm x scalp on left side of head 7, 112 cm above from left ear, margin irregular and continued bleeding present from the wound, kept under observation. Adv. X-ray. 3. Lacerated wound 1 cm x 1/4 cm x skin on back of head 12 cm behind from left ear, margin irregular and continued bleeding present from the wound. 4. Lacerated wound 4, 1/2 cm x 1/2 cm x bone on the lateral angle of left eye brow, margin irregular and continued bleeding present from the wound. 5. Abrasion 7 cm x 112 cm on the medial aspect of left forearm lower part. 6. Abraded contusion 3, 112 cm x 3, 1/2 cm on back of left elbow joint. 7. Incised wound 3 cm x 3/4 cm depth could not be probed for it was referred to surgery on left side chest (lower part) 10 cm below from left nipple, margin clean cut continued bleeding present on the wound. 6. Abraded contusion 3, 112 cm x 3, 1/2 cm on back of left elbow joint. 7. Incised wound 3 cm x 3/4 cm depth could not be probed for it was referred to surgery on left side chest (lower part) 10 cm below from left nipple, margin clean cut continued bleeding present on the wound. Kept under observation Advised X-ray referred to surgery for exact and ex-Pert opinion. 8. Incised wound 3 cm x 1 cm x depth could not be probed and referred to surgeon on the left side of abdomen (upper part) 7 cm above and lateral for umblicus, margin clean cut, and continued bleeding present from the wound. Kept under observation Adv. X-ray Ref. to Surgeon for exact and expert opinion. 9. Incised wound 2, 1/2 cm x 1/2 cm x muscle deep on left outer part of right thigh (upper part) margin clean cut and continued bleeding present from the wound. 10. Incised wound 2 cm x 1/2 cm x muscle deep on left and lower part of left thigh margin clean cut and continued bleeding present from the wound. 11. Incised wound 3 cm 1 cm x depth could not be probed for this was referred to surgeon of left side of brain (middle part) margins clean cut and continued bleeding present from the wound, kept under observation. Advised x-ray. Refer to Surgeon for exact and expert opin ion. Like wise injuries on the person of Paljhan accused were also examined by Dr. K. K. Mall; I D. W. 3 at Gorakhpur and the Doctor found the following injuries on his person. 1. Contusion 9 cm x 1 cm on right side back in scapular region on inner part dark red in colour. 2. Contusion 1 cm x 1 croon back and upper part of right arm dark red in colour. 3. Complaint of pain on left ring finger and left first toe no mark of external injury seen. 4. Traumatic Swelling 1 cm x 1 cm on dorsal aspect of left leg 1 cm below the left toe. ( 6 ) OUT of the evidence adduced by the prosecution in support of its case, I first take up the Statement of Harinder Singh, P. W. 1 who is the first Informant of this Case. He is also a cousin of Surya Narain Singh injured. ( 6 ) OUT of the evidence adduced by the prosecution in support of its case, I first take up the Statement of Harinder Singh, P. W. 1 who is the first Informant of this Case. He is also a cousin of Surya Narain Singh injured. He has dwelt in detail on the prosecution case deposing that on 26-11- 81 at about 11 A. M. while he and his cousin Surya Narain Singh went to Harijan Basti for a watch of jack fruits on two of his jack trees and on reaching the orchard, he found the accused persons - appellants cutting up the jack fruits. The witness claimed that the Jack trees belonged to him and he vehemently protested against the appellants cutting up the jack fruits. Shyam Bali mean while exhorted and incited the other accused persons to give a beating upon which the appellants assaulted Surya Narain Singh by means of their respective weapons. At the time of occurrence, the witness deposed, Paljhan and Gudhan were armed with Knives, Shyam Bali with spear and Lalman and Inderjeet were armed with lathies. The witness further deposed that on the alarm raised by him, a number of witnesses arrived at the scene and on the witnesses approaching the scene, the accused persons fled away from the scene of occurrence leaving behind Surya Narain Singh in an injured State. After the occurrence was over, he took the injured first to P. H. C. Bansgaon where the Doctor referred the matter to District Hospital at Gorakhpur. The injured was taken to District Hospital Gorakhpur and after admitting the injured to the Hospital at Gorakhpur, the complainant then went to the Police Station and handed over his report of the occurrence to the Head constable at about 9 P. M. ( 7 ) THE witness has denied the defence version to the hilt. He denied that there was any incident in which Surya Narain. Singh had attempted to rape the daughter-in-law of accused Paljhan and She had delivered knife blows to Surya Narain Singh while Struggling to wriggle out of his clutches. He also denied the injuries having been sustained by accused Paljhan during the course of occurrence. He conceded in the cross examination that under the aforesaid Jack trees, those Harijans who used to take his fields on BATAI, used to store grain/crop under the aforesaid trees. He also denied the injuries having been sustained by accused Paljhan during the course of occurrence. He conceded in the cross examination that under the aforesaid Jack trees, those Harijans who used to take his fields on BATAI, used to store grain/crop under the aforesaid trees. It was also stated in cross examination by the witness that his brother Surya Narain Singh had asked the appellants to refrain from cutting up the jack fruits upon which he had been abused. It was also stated by the witness that on receiving the injuries Surya Narain Singh had fallen down on the ground and became unconscious. It was further Stated that blood had fallen down on the ground and three or four of the jack fruits were lying at the spot. ( 8 ) THE evidence of Harinder Singh is fully lent corroboration by the evidence of Surya Narain Singh P. W. 2 and Raj Man P. W. 3 Not withstanding a gruelling cross examination, the defence has not been able to fish out anything material out of their evidence as to render their testimony unworthy of being relied upon or to be acted upon. They have withstood the test of gruelling cross examination. Harinder Singh, P. W. 1 has claimed himself to be the owner of the aforesaid Jack trees which fact he has asserted in the First Information Report as well lodged by him at P. S. Bansgaon at 9-10 P. M. The defence has not been able to controvert the afore said fact that the jack trees did not belong to the complainant. The blood which the Investigating Officer had found at the place of occurrence also gives a shake-up to the defence version. It vouches for the veracity of the prosecution case that the occurrence had taken place under the Jack tree and not in Delant as the defence alleged. The nature of injuries sustained by Surya Narain Singh further knocks the bottom out of defence version that he had sustained injuries at the hands of Smt Devanta D. W. 1 during the course of an attempt by Surya Narain Singh to outrage her modesty. Surya Narain has received four lacerated wounds on vital parts of his head. These injuries are the result of some blunt weapon such as lathies. Surya Narain has received four lacerated wounds on vital parts of his head. These injuries are the result of some blunt weapon such as lathies. In the conspectus of the above considerations, it appears that the report given to the S. S. P. Gorakhpur by accused Paljhan is the brainchild of some legal mind. The report was submitted to the Sr. Supdt. of Police Gorakhpuron 27-5-81 at 10 A. M. and it is a highly belated one. Paljhan, appellant has received two contusions, one traumatic swellings which are of a very simple nature besides being on non-vital parts of the body. The Doctor has also opined that these injuries may be the result of a fall on the ground. The possibility under the, circumstances cannot be negated that the above injuries were sustained by the accused Paljhan during the course of scuffle at the time of occurrence. ( 9 ). As stated above, the evidence of Harinder Singh P. W. 1 is fully corroborated by the evidence of Surya Narain Singh injures and Raj Man. Further the evidence of Surya Narain Singh is consistently supported by the medical evidence. He has received 11 injuries on his person out of them four are the lacerated wounds on the head. Nature of the injuries and their seat clearly indicate that they were dangerous. It was a day light Occurrence and there was no earthly reason for the victim to let off the real culprits in order to implicate falsely the appellants in the instant case. I therefore hold him a witness whose evidence can be relied upon and acted upon for the conviction of the appellants in the instant case. ( 10 ) THE evidence of Smt Devanti D. W. 2 who has been examined by the defence in support of its case, is not worthy of being relied upon vis-a-vis the facts and circumstances detailed above. She is a got up witness brought in the witness box to probablised the defence version. Being daughterin-law of accused Paljhan and there being no other circumstance to give cogency to her version. She cannot be attached any credence with regard to her Statement supporting the defence Version. ( 11 ) IN the conspectus of the facts and circumstances stated above, I deduce that the conviction recorded by the Trial Court deserves to be finned against the appellants. She cannot be attached any credence with regard to her Statement supporting the defence Version. ( 11 ) IN the conspectus of the facts and circumstances stated above, I deduce that the conviction recorded by the Trial Court deserves to be finned against the appellants. ( 12 ) AT this stage, the learned counsel for the appellants commiseratingly submitted that the occurrence in the instant case had taken place in the year 1981 and since then much water has flowed down in the Ganges. It is further submitted by the learned counsel for the appellants that appellants have since settle down in their lives and that both the complainant and the appellants have been living in an ambience of love and affection without any trace of past bitterness or hostility between the parties. It is next submitted by the learned counsel that if the appellants are sought to be recommitted to jail to serve out the period of imprisonment, it would do no other good except to revive the past bitterness. It is next submitted that it would also bedevil the good relations and atmosphere of peace and amity which had started taking shape in due course of time. The learned counsel further submitted that the appellants are the only earning members of their respective families and in case they are sent to jail to serve out the term of imprisonment, it would push their family members on the brink of starvation. I am consistently of the view that primary endeavour of the courts must be to adopt corrective methods in order to enable a convict to reform, and rehabilitate himself into the society and avoid imprisonment except in serious cases. In cases which are not so grievous in nature, the courts must order for compensation as to allow a convict to make good the loss or damage he has caused to a extent as far as it lies within his power and to make him realise the harm he has done. Further the efforts should be so directed as to stab the beast in the criminal and not the criminal himself. By subjecting the criminal into making good the losses, shall serve the twin purpose - first it would have a salutory effect on the, criminal and second that it shall help wipe out the tears from the face of the victim to an extent. By subjecting the criminal into making good the losses, shall serve the twin purpose - first it would have a salutory effect on the, criminal and second that it shall help wipe out the tears from the face of the victim to an extent. In the instant case, the occurrence relates to the year 1981 and since then there has been no incident of hostility involving both the parties and hence an opportunity to the appellants deserves to be afforded to reform and rehabilitate themselves in the society. At the same time, by giving compensation to the victim, it shall be possible to wipe out tears from the face of the victim to an extent. ( 13 ) IN the light of the above the learned counsel for the appellants submits that the appellants may be sentenced to pay fine compensation inside of their being sent to jail to serve out the sentence of imprisonment. However the learned counsel states that the imposition of fine on the appellants shall not be treated by them as enhancement of sentence. ( 14 ) UPON a consideration of the facts and circumstances the order of conviction recorded against the appellants by the Trial Court is liable to be affirmed. ( 15 ) IN the result, the appeal is partly allowed. The conviction recorded against the appellants under section 324 I. P. C. is affirmed. However, the appellants are sentenced to pay a fine of Rs. 2,000. 00 each and the period of imprisonment already undergone by them. They are allowed three months time to deposit the fine in the Court of C. J. M. Gorakhpur. However, if they default in payment of fine, they shall undergo R. I. for one year each. Out of the fine so deposited by the appellants which works out to Rs. 6,000. 00, a sum of Rs. 5,000. 00 shall be disbursed to Surya Narain Singh injured and the remaining sum of Rs. 1,000. 00 shall go to the State Exchequer. In case, Surya Narain Singh may not be alive, his heirs and legal representatives shall be disbursed the sum of compensation by the C. J. M. ( 16 ) OFFICE to send the record and a copy of the above judgment to the Court below for compliance in the light of the directions contained in the body of the judgment. Appeal Partly Allowed. .