JUDGMENT Palok Basu, J. - This appeal has been filed by Raj Kishore and Jang Bahadur against their convictions under Sections 307/34 and 307 I.P.C. respectively and the sentence of 7 years R.I. and a fine of Rs. 500/- in so far as Jang Bahadur is concerned and 4 years' R.I. under Section 307/34 I.P.C. in so far as appellant Raj Kishore is concerned. It may be remembered that Jang Bahadur is the son of Raj Kishore. 2. The charge against the appellants was that they along with Sheo Pujan, Raghpati and Ram Sakai formed an unlawful assembly on 20.10.70 at about 7.00 a.m. with the object to cause death of Basdeo and cause hurt to Moti Lal and in furtherance of the said common object they, in fact, caused injuries to Moti Lal and Basdeo. The injury of Basdeo was said to be grievous and therefore, a charge under Section 307/149, I.P.C. was framed against all the five accused and since the injury of Moti Lal was simple a charge under Sections 323/149, I.P.C. was framed against all the appellants. Besides, all the applicants were charged under Section 147, I.P.C. 3. After consideration of the evidence the Trial Judge has acquitted three persons, namely, Sheopujan, Raghupati and Ram Sakai. As stated above, he has recorded conviction only in so far as the two appellants are concerned. 4. Sri A.D. Giri, learned counsel for the appellants assisted by Sri Shashank Shekar on behalf of the appellant and Sri Surendra Singh, learned A.G.A. for the State have been heard at length and the entire record has been examined. 5. The primary question argued by the learned counsel for the appellants is that even if the entire prosecution case is accepted the charge under Section 307, I.P.C. should fail. It was then argued that the matter relating to an incident of about 20 years ago does not call for any jail sentence by the appellants if an offence only under Sections 323 and 324, I.P.C. is held made out against them. It was then argued that the matter relating to an incident of about 20 years ago does not call for any jail sentence by the appellants if an offence only under Sections 323 and 324, I.P.C. is held made out against them. It was strenuously argued that the whole life system of both the appellants has practically undergone a change since the date of incident and the present date and, therefore, the period undergone which appears to be about a month each should be said to be sufficient in the ends of justice as no useful purpose will be served if the appellants are sent back to Jail. It may be mentioned that the Sessions Trial No. 30 of 1972 giving rise to the present appeal had commenced under the old Cr.P.C. (1988) and, therefore, committed proceedings had been held in which the doctor had been examined and his evidence was thus tendered before the Trial Judge as per the provisions then stood. 6. In the trial court the prosecution has examined three witnesses of fact. Ram Dehal is the informant who has been examined as P.W. 2. He has mentioned in detail the prosecution case and has also proved the lodging of the first information report at the police station Ubhaon district Ballia at 1.35 p.m. the same day. The prosecution has also tendered the evidence of the Head-Constable of the police station which proved beyond doubt that the first information report was lodged soon after the incident. It may further be remembered that the distance of the police station was 8 miles and it has come in evidence that no arrangement for immediate transportation could be made. Therefore, there is no delay in lodging the F.I.R. The other two eyewitnesses Ram Das and Basdeo have fully supported the prosecution case and a reading of the statements of the three eye-witnesses proves beyond doubt the participation of the two appellants in the incident and, therefore, no doubt is cast on the manner of the assault as stated by the prosecution witnesses. Coming to the statement of doctor (M.G. Gupta) who was-examined during committal proceedings and whose statement was tendered in evidence, it may be noticed that he . has categorically admitted that at the initial stage he had mentioned the injury as a simple injury. The prosecution had tendered injury reports also which have been marked as Exs. Coming to the statement of doctor (M.G. Gupta) who was-examined during committal proceedings and whose statement was tendered in evidence, it may be noticed that he . has categorically admitted that at the initial stage he had mentioned the injury as a simple injury. The prosecution had tendered injury reports also which have been marked as Exs. Ka 14 and Ka 7. They may be usefully quoted here: Basdeo 1. Incised wound 3" x 1" (in middle and beginning (x 1" deep) on the posterior trangle of neck, commence at the root of the neck and ends 1" posteriority from beginning of the left supra mastoid crest. 2. Incised wound 3" x 1" x 1" (deep) on the middle of left back, commence obliquely 5" medially from lateral and of left clavicle towards the medial plan. 7. According to the doctor the injury No. 1 was caused by some, sharp cutting instrument and likely to cause death and margins were clean cut and averted and tails off towards end. Injury No. 2 was caused by sharp cutting instrument, margins were clean-cut, everted and tails off towards medial plan of back (end). The injuries were fresh vide his injury report Ex. Ka.-14. Moti Lal: 1. Contusion 1" x 1" on the middle of left front chest. 2. Contusion 1" x 1" on the left scapular area. 3. Contusion 1" x 1/211 on the left scapular area. 8. According to the doctor, these injuries were caused by blunt weapon and were simple in nature, but after . completion of the investigation the investigating officer submitted a charge sheet against all the accused man Ex. Ka. 7 on 9.12.70 under section 307 I.P.C. 9. It has further been admitted by the doctor that one artery of the patient had been cut as a result of which he was collapsing. However, the injury report does not mention such damage nor does it indicate that the patient was, in any way, collapsing or that his pulse had gone down or his condition had become serious. No register or further supplementary medical report exists on the record on the basis of which finding can be recorded that the said statement of the doctor has been sufficiently corroborated by the material on the record. No register or further supplementary medical report exists on the record on the basis of which finding can be recorded that the said statement of the doctor has been sufficiently corroborated by the material on the record. Consequently, there appears to be enough force in the argument of the learned counsel for the appellants that to be on the safe side, it can be held that the prosecution has successfully proved an offence under Section 324, I.P.C. against them. 10. Coming to the injury of Moti Lal, it may be remembered that he has not been examined. The doctor has stated that two simple injuries were caused to him by blunt weapon. Initially the prosecution had not said that blunt weapons were used by either of the appellants. It may be remembered that the other accused who had lathi have also been acquitted by the trial judge. There is no Government Appeal against the said acquittal of the co-accused. 11. Be that as it may, the facts remains that charge under Section 149, I.P.C. had already been deleted by the trial Judge while convicting only two appellants and, therefore, the charge under Section 323, I.P.C. cannot be said to be proved as against the appellants with regard to injuries of Moti Lal. In view of the aforesaid discussion while the conviction of the appellants under Section 307, I.P.C. Cannot stand they have to be convicted under Section 324 read with Section 34 I.P.C. 12. Coming to the question of sentence, a period of one month which both the appellants seem to have undergone appears to be just and proper sentence. In view of the fact that no useful purpose will be served by asking the appellants to undergo some further sentence after 21 years of the incident. 13. Consequently, the appeal is partly allowed. The conviction of the appellants under Sections 307/34 and 307, I.P.C. respectively and the sentence of 7 years R.I. and a fine of Rs. 500.00 under section 307, I.P.C. in so far as appellant Jang Bahadur is concerned and 4 years' R.I. in so far as appellant Raj Kishore under section 307/34 I.P.C. is concerned are set aside. They are acquitted of those charges. Instead, they are convicted under Sections 324 and 324/34 I.P.C. and sentenced to the period already undergone. They are on bail. They need riot surrender. Their bail bonds are discharged.