PALOK BASU, J. ( 1 ) THIS is an appeal by Babu Khan, Mohd. Bux, Mohd. Umar, Imam Bux, Pir Bux and Rustam against their conviction under sections 147 and 320, I. P. C. read with section 149, I. P. C. and the sentence of one years R. I. each on the two counts respectively directing the sentences to run concurrently and in addition a fine of Rs. 100/- under section 323, I. P. C. as passed by the First Additional Sessions Judge, Rampur, on 1. 6. 1979. ( 2 ) THE prosecution case is that one Raees received injury in an incident which happened on 8. 9. 1977. It is said that one Nanua and his brothers Raees, Abrar and father Shahabuddin had gone to the mosque for Friday prayer. Deceased Bhoora had also gone there. Nanua complained to Bhoora that the latters son had assaulted the formers brother Raees. After offering prayer (Namaaz) when Nanua and others came out of the mosque and proceeded towards the Chaupal in front of the house of Bhoora all the appellant along with Bhoora and Buddha accused, who died during the pendency of the case, came there. Mohd. Bux was armed with spear and others were having lathis. They started assaulting all the three brothers Nanua, Raees and Abrar and their father Shahabuddin. During the course of the marpit Bhoora caught hold at Abrar by the waist and Mohd. Bux aimed his spear of Abrar but the spear instead of hitting Abrar struck Bhoora. After receiving injury, Bhoora ran towards the mosque pursued by Mohd. Bux Nanua who got a lathi which he weilded in self-defense. All the three brothers and father received injury in the incident. However, Bhoora fell down as a result of spear injury. All the four injured went to police station around 4 P. M. and while they were there Mohd. Bux also reached there at 5 P. M. The four injured were put into lock-up. Nanua was made to make a report by getting his thumb impression on a paper which was read out to him. Nanua, Shahabuddin and Abrar were sent to Suar Hospital for medical examination. Shahabuddin was examined at 9 P. M. and had 7 injuries all contusions and lacerated wounds. Nanua was examined at 9. 30 P. M. and had 13 injuries all contusions and lacerated wounds. Nanua, Shahabuddin and Abrar were sent to Suar Hospital for medical examination. Shahabuddin was examined at 9 P. M. and had 7 injuries all contusions and lacerated wounds. Nanua was examined at 9. 30 P. M. and had 13 injuries all contusions and lacerated wounds. Abrar Hussain was medically examined at 1. 10 P. M. and had one lacerated wound and two contusions. Raees was medically examined on 10. 9. 1977 and was found to have 10 injuries all contusions and abrasions. According to the statement of the Investigating Officer P. W. 8 Chandrapal Pathak, he had recorded the statement of Alia Bux, Ali Hussin, Rustam, Nanua and Raees on 10. 9. 1977 and prepared the F. I. R. (Ex. Ka-4) lodged by Nanua at P. S. Suar at 10. 30 P. M. ( 3 ) THE appellants pleaded not guilty to the charges framed against the appellants Babu Khan, Mohd. Bux and Imam Bux admitted participation in the incident but stated that it was Bhoora, deceased, who complained to Shahabuddin about Raees assaulting Rustam and they also denied the place of occurrence and said that Abrar, Shahabuddin, Raees and Nanua started attacking with spear and lathis at Bhoora. Nanua, Imam Bux and Mohd. Bux and Abrar were armed with spear and the lath is were plied by them in self defense. ( 4 ) THE trial judge has noted the injuries of Bhoora deceased and also that of Mohd. Bux and concluded that there was admiuedly a marpit in which Shahabuddin, Nanua, Abrar and Raees received injuries on the side of the complainant while Bhoora and Mohd. Bux received injuries on the side of the accused appellants and Bhoora had died. The further finding recorded by the Trial Judge is that the eye-witness P. W. 3 Nanua and P. W. 4 Raees have given consisumt evidence of participation of the appellants. The conclusion of the trial judge, therefore, is that the marpit had taken place and the appellants had committed an offence of rioting under sections 147 and 323/149, I. P. C. and sentenced them as noted above. ( 5 ) SRI. J. S. Tomar, learned counsel for the appellants has been heard at length and Sri Surendra Singh, learned A. G. A. has been heard in opposition and the entire record of the lower court has been perused. ( 5 ) SRI. J. S. Tomar, learned counsel for the appellants has been heard at length and Sri Surendra Singh, learned A. G. A. has been heard in opposition and the entire record of the lower court has been perused. The paper book was not available and, therefore, the learned counsel have placed the entire record of the trial court including the eye-witness. ( 6 ) IT cannot be said that the prosecution has not been able to make out an offence of rioting and the offence of causing simple injuries by the appellants as well as forming unlawful assembly on the accused side. Therefore, there is no error in the order of the trial Judge in recording the conviction. ( 7 ) COMING to the question of sentence Srij. S. Tomar has argued that while during the trial the appellants have been in jail for nearly three weeks and have also been in jail for another week after their appeal was dismissed in default by the court and they were taken into custody. It was seriously emphasised that the incident is of the year 1977 and nearly 15 years have elapsed since the incident and no useful purpose will be served if the appellants are again sent to jailor are asked to serve out any more sentence than already undergone by them, Sri Surendra Singh, learned A. G. A. has, of course, said that the question of sentence is being left to the Courts discretion. ( 8 ) FROM the aforesaid discussion it is more than clear that one of the persons on the appellants side has died and that Mohd. Bux received injuries. Looking at the other injuries sustained on the prosecution side it may be stated here that all the injuries were simple and there was no premeditation for the assault and consequently looking at the long interval having intervened between the date of the incident and this day it appears desirable to reduce the sentence of the appellants to the period already undergone. Consequently this appeal is allowed. The conviction of the appellants is maintained but their sentence are reduced to the period already undergone. The sentence of fine imposed by the trial court is set aside. The order of this Court dated 28-11-1990 is recalled and shall be taken to have been obliterated. If the appellants are in jail they shall be released forthwith. The conviction of the appellants is maintained but their sentence are reduced to the period already undergone. The sentence of fine imposed by the trial court is set aside. The order of this Court dated 28-11-1990 is recalled and shall be taken to have been obliterated. If the appellants are in jail they shall be released forthwith. Fine if paid shall be refunded. .