JUDGMENT U.K. Varma, J. - This is an appeal against the judgment and order of Sri Munni Lal, II Addl. Sessions Judge, Rampur dated 2-5-1979 convicting the appellants Iqbal alias Looti and Ashraf under Section 307 read with Section 34 and 332 of the Indian Penal Code and sentencing them to four years R. I. on the first count and two years R. I. on the second with this stipulation that both the sentences shall run concurrently. The prosecution case briefly stated is that at 7 P.M. on 18-3-1978 the complainant Babu Ram constable had challenged Iqbal appellant under Section 34 of the Police Act when he had parked his rickshaw on the road and blocked traffic but later released him on bail on personal bond. The appellant Iqbal got angry and threatened him. As the complainant at quarter past eight was going to get a case registered in the police station Kotwali against Iqbal, he was intercepted by him and Ashraf. The appellant Iqbal told him that he was not going to spare his life and both Iqbal and Ashraf assaulted him with a saria and a stick. Bibian, Sakhawat and Puttan in the meantime arrived and intervened. Had they not done so, the appellants would have killed him. The report of the incident had been lodged at 8.41 P.M. on 18-3-1978 and the medical examination of Babu Ram had been done at 9 P. M. on the same day. The medical report Ext. K shows that the complainant had sustained 15 injuries in all including three on the head. The prosecution had examined Babu Ram PW 1 Sakhawat PW 2 and Bibian PW 3 as the witnesses of the occurrence. From the statements of the prosecution witnesses it appears that they knew the appellants. The fifteen injuries of Babu Ram could not be presumed to be self inflicted. There was no reason for Babu Ram and the prosecution witnesses to exonerate the persons who had really assaulted and falsely implicate the appellants. The prompt report and the medical examination soon after add credence to the statements of the PWs. The assault by the appellant's on Babu Ram constable has rightly been held to be fully substantiated. The question now is whether an offence under Section 307, I.P.C. could be said to have been made out. The prompt report and the medical examination soon after add credence to the statements of the PWs. The assault by the appellant's on Babu Ram constable has rightly been held to be fully substantiated. The question now is whether an offence under Section 307, I.P.C. could be said to have been made out. It was not shown that any of the injuries of Babu Ram had been found to be grievous. If the appellants had intended to cause his death, they were not likely to have given him light blows when they had time enough to cause as many as fifteen injuries on his person. The offence of the appellants under the circumstances cannot safely be held to travel beyond Section 323, I.P.C. So far as the charge under Section 332, I.P.C. is concerned, it also cannot be held to have been fully substantiated with any degree of assurance as admittedly the complainant Babu Ram Sharma never got a case registered against the appellants under Section 34 of the Police Act. The complainant in his statement did not pointedly narrate that the appellants took away the paper relating to the challan. The complainant appears to have been assaulted when he was going on some private work although he deposed that at the time of the incident he had been going to get case, registered against the appellants under Section 34 of the Police Act. This inference gathers support from the circumstance that the appellant had left his traffic duty about an hour earlier and so much time was not needed in getting the case registered under Section 34 of the Police Act. The above discussions show that the charge under Section 323 alone was established against each cf the appellants and they were entitled to be acquitted of the charges under Section 307 read with Sections 34 and 323, I.P.C. ORDER The appeal is partly allowed. The judgment and order convicting the appellants under Section 307 read with Section 34 and Section 332, I.P.C. are set aside. The appellants are acquitted of these charges but each of the appellants Iqbal and Ashraf is convicted under Section 323, I.P.C. and sentenced to pay a fine of Rs. 1,200/- each and on the failure to pay the fine, the defaulting appellant shall undergo R. I. for four months. The fine should be deposited within a month from today. The appellants are acquitted of these charges but each of the appellants Iqbal and Ashraf is convicted under Section 323, I.P.C. and sentenced to pay a fine of Rs. 1,200/- each and on the failure to pay the fine, the defaulting appellant shall undergo R. I. for four months. The fine should be deposited within a month from today. I have not sent the appellants to jail because the incident had taken place more than 13 years back. The bail bonds of the appellants however shall be discharged only after the fine has been paid.