JUDGMENT Palok Basu, J. - Prithvi Pal and Ram Nath have filed this revision against their conviction under Section 325/34, 323/34 and 504 I.P.C. and sentence of 2 years' R. I. with a fine of Rs. 200/- under Section 325/34 I.P.C. two months' R. 1. each under Section 323/24 I.P.C. and 504 I.P.C. to undergo R.I. for three months each. They were initially convicted by the Magistrate on 3.2.1989 along with two other accused namely, Gokul and Ram Babu who were extended benefit of Ist Offenders' Probatation Act by the Magistrate. This revision was admitted on the question of sentence on 29.3.1990. 2. Sri S. N. Gupta, learned counsel for the applicant has said that the incident happened allegedly on 6.8.86 and more. than five years have elapsed, the parties are living with peace and amity in the village. He insists sincerely that sending the applicants to jail may not be serving useful in any manner particularly in view of the fact that the applicants have already undergone nearly a months' sentence calculating the period they have been in jail during the trial, after the conviction by the Magistrate and after the order was passed by the Sessions Judge in appeal. 3. Sri Vidhu Bhushan Singh, learned Asstt. Government Advocate has, however, said that some fine amount commensurate with injuries caused should be asked to be paid by the applicants and the same should be made payable to the three victims Jawahar Lal, Pati Rakhan and Smt. Brij Bani. 4. Sri S. N. Gupta has made a statement that if the sentence of the applicants is reduced to the period already undergone and a fine is imposed he will not treat the same as enhancement of the sentence. 5. It appears that the incident happened because of buffaloes entered the field of the informant Patirakhan and there was no pre-planned desire to perpetrate the crime. It may be noted that the prosecution has proved its case by examining seven witnesses in all, three of whom are the injured while P.W. 4, Baij Nath was an eye-witness, P.W. 5,, P.W. 6 and P.W. 7 are Dr. R. J. Khare, Chhote Lal Tewari and Dr. M. H. Khan. They have proved the lodging of the First Information Report, medical-report and X- ray of Smt. Brij Rani who had a fracture in radious/ulna. R. J. Khare, Chhote Lal Tewari and Dr. M. H. Khan. They have proved the lodging of the First Information Report, medical-report and X- ray of Smt. Brij Rani who had a fracture in radious/ulna. It is, therefore, clear that the conviction of the applicants was correctly recorded by the courts below. Except one injury resulting in a fracture, all other injuries of the three victims on the prosecution side are simple in nature. Two co-accused similarly placed have already been extended the benefit of Section 4 of U. P. First Offenders' Probation Act. It does not appear just and proper to direct the applicants to send them to jail-all over again. The interest of justice will be sufficiently made if both of them are directed to pay a sum of Rs. 500/- each apart from Rs. 200/- as directed by the Courts below. 6. The net result, therefore, is that while conviction of the applicants under Section 325/34, 323/34 and 504 I.P.C. is maintained but their sentences under each of those Sections are reduced to the period undergone plus a fine of Rs. 700/- each. In default of payment of fine the applicants will undergo two years' R. I. three months R. I. and three months R. I. under each of the three counts mentioned above. 7. Three months from today shall be available to the applicants to deposit the fine of Rs. 700/- in the Court of the Chief Judicial Magistrate, Fatehpur who is directed to summon P.W. 1 Pati Rakhan, P.W. 2 Jawahar Lal and P.W. 3 Smt. Brij Rani and pay to each of them Rs. 400/- as compensation for the injuries suffered by them. The remaining sum of Rs. 300/- shall be forfeited to the State. 8. With the aforesaid modification in the sentence this revision is dismissed. If any fine has already been, deposited, it will be adjusted towards the said payment.