JUDGMENT Kundan Singh, J. - This appeal has been preferred by Chandra Bhavan, Hublal, Palwa, Ram Pyare and Shiv Balak against the judgment and order dated 31.7.79 passed by Sri D. N. Shukla 1st. Addl. Sessions Judge, Banda, in Session Trial No. 80 of 1979 whereby the appellants Chandra Bhavan and Palma have been convicted under Section 148 I.P.C. and sentenced to undergo 6 months rigorous imprisonment, while appellants Hublal, Ram Pyare and Shiv Balak have been convicted under Section 147 I.P.C. and sentenced to undergo 6 months rigorous imprisonment. All the five appellants have been convicted under Section 307/149, 326/149 and 324/149 I.P.C. to undergo rigorous imprisonment for one year, 9 months and 6 months, respectively, with the direction to run all the sentences concurrently. 2. The brief facts of the prosecution case are as follows: The field of the informant Sahdev was adjacent to the field of Badal alias Mata Badal in 'village Baram Baba Ka Purwa, a hamlet of village Bhavai Kalan, Police Station Mau, Distt. Banda. Badal alias Mata Badal had included 2 gates land of the informant Sahdev in his field. The field of Sahdev and Badal alias Mata Badal were measured by Lekhpal in the presence of Amhika Prasad Pradhan, Misri Lal and others four days prior to the occurrence and some boundary pillars were fixed after taking out 2 gates land from the field of Mata Badal alias Badal. On the day of occurrence, one boundary pillar had been uprooted by Chandra Bhavan S/o Badal alias Mata Badal. In the morning the informant Sahdev made a complaint to Badal alias Mata Badal F/o Chandra Bhavan that it was not proper and as the fields were measured in the presence of pradhan and other persons, he should not have uprooted the boundary pillar. On the day of occurrence i.e. on 20.8.77 at about 7.00 A.M., informant Sahdev was returning to his house after easing out himself. When he reached at the field of Babu Charan, accused Ram Bhavan and Chandra Bhavan armed with pharsas, Palwa armed with a country made pistol and Shiv Bhavan, Buddhan, Pardeshi, Sunder, Ram Pyare, Shiv Balak, Taddha and Bhaiya Lal armed with lathis reached there. Ram Bhavan instigated all of them to kill Sahdev and they started assaulting him, Sahdev cried for help and tried to run from the scene of the occurrence. Ram Bhavan instigated all of them to kill Sahdev and they started assaulting him, Sahdev cried for help and tried to run from the scene of the occurrence. At that time Dashrath, Rajju, Mata Badal and Theda who were in vicinity rushed to the place of occurrence. However, the accused Assaulted Dashrath also. Palwa fired a shot at Rajju and Chandra Bhavan gave a pharsa blow on the informant whose thumb and finger had cut. Injured persons in order to save their lives entered their houses but the assailants surrounded their houses and that is why the complainant could not go to Police Station for lodging a report. After getting opportunity the informant Sahdev lodged the first information report at 3.45 P.M. on 20.8.77 at the Police Station Mau, Distt. Banda. The distance of the place of occurrence from the police station is about 3 miles. In the F.I.R. it was mentioned that the injured persons also wielded their lathis in self defence and the assailants also sustained some injuries. The injuries of Dashrath, Rajju and Sahdev were examined by Dr. Raj Narain Gupta (P.W. 4). On medical examination, Dr. Raj Narain Gupta (P.W. 4), found the following injuries on the person of Dashrath : 1. Lacerated wound :3.5 cms. x 0.4 cm x scalp deep on back of middle head near top, vertically oblique, serious and blood mixed discharge on touch present, dry blood found, around the wound. 2. Abraded Bruish : 2 cm x 1.8 cm on back of right shoulder, oblique, unscabbed, redish dry blood present. 3. Incised wound : 1.5 cm x 0.3 cm x skin deep on upper part of upper and outer quandrant of left glutial region, oblique serous discharge found, dry blood found around the wound, margins clean cut, directed from below out wards to above in wards. 4. Incised wound : 1.4 cms x 0.2 cm x skin deep on radial side of left wrist vertically placed, directed from above down wards, dry blood-found margins cleancut. 3. Dr. R. N. Gupta (P.W. 4) who also medically examined Rajjoo found the following injuries on his person : Injuries : 1. Gun shot wound of Entry-0.4. cm in diameter skin deep on outer aspect of upper ? 3. Dr. R. N. Gupta (P.W. 4) who also medically examined Rajjoo found the following injuries on his person : Injuries : 1. Gun shot wound of Entry-0.4. cm in diameter skin deep on outer aspect of upper ? part of left arm pellet found embedded in the wound which being taken out, margins lacerated and inverted, direction from left to right, No blackening or tattooing found dry blood found on around the wound. The injury is simple, is caused by fire arm, duration about ? day. 4. Dr. R. N. Gupta (PW 4) also examined Sahdev and found the following injuries on his person : 1. Incised wound : 2.4 cm x 2 cm x through and through the root of left thumb bleeds on touch, distal part missing (amputated thumb), margins clean cut and other tissues cut clearly through and through the whole thumb, direction not certain as the wound is through and through. 2. Incised wound 2.5 cm x 0.5 cm x muscle deep on dorsal radial side of terminal phenlanx of left middle finger, oblique, cozing on tough, dry blood present, around the wound, margins clean cut, directed from above downwards, nail is cut through and through at end of wound. 3. Incised wound 1 cm x liner x skin deep on dorsal and raidial side of middle of left index finger, oblique dry blood present, directed form a bone downwards margins clean cut. The injury No. 1 is grievous and other are simple. All are caused by sharp edged weapon duration about 2/3 day. 5. P. W. 6 Sher Singh, Station Officer investigated the case. He recorded the statement of witnesses and prepared the site plan P.W. 5 S. M. Upadhyay, on the transfer of Shri Sher Singh Completed the investigation and submitted a charge sheet against the appellants and other co-accused. 6. The accused including the appellants pleaded not guilty and claimed to be tried. 7. The prosecution in order to prove its case examined Sahdev, (PW 1), Rajjoo (PW 2) and Dashrath (PW 3) as witnesses of the incident, while Dr. Raj Narain Gupta was examined as PW 4 to prove the injuries of Dashrath, Rajjo and Sahdev. Sher Singh (PW 6) and S. M. Upadhyay (PW 5) were also examined in order to prove the investigation conducted by them. 8. Raj Narain Gupta was examined as PW 4 to prove the injuries of Dashrath, Rajjo and Sahdev. Sher Singh (PW 6) and S. M. Upadhyay (PW 5) were also examined in order to prove the investigation conducted by them. 8. The ocular testimony of the 3 eye witnesses namely; Sahdev, Rajoo and Dashrath testified that they were beaten by all the 12 accused persons including the appellants with their weapons, lathis, pharsas and country made pistol at the alleged time and date i.e. at 7.00 A.M. on 20.8.77, near the agricultural plot of Babu Charan in village Baram Baba Ka Purwa, a hamlet of village Bhavi Kalan, within police station Mau, Distt. Banda. They also wielded lathis in their self defence as a result of which the accused also sustained injuries on their person. 9. The appellants Hublal, Chandra Bhavan and Buddhan stated in their statements recorded under Section 313 Cr.P.C. that in the incident, Dashrath, Rajjoo and Sahdev assaulted Hublal when he reached at his house. They again made an attack at the house where the accused party wielded lathis and pharsas in order to rescue Hublal. The complainant party while running away wet afire to the pyar. Hublal stated that he also lodged a report at the police station but the same was not written correctly and verbatim. He moved an application to the Superintendent of Police and only then his report was taken down by police of police Station Kotwali, Distt. Banda, where their injuries were also examined. The copy of the F.I.R. lodged by Hublal at Police Station at 9.30 A. M. on 20.8.77 at the police Station Mau against Sahdev, Rajjoo and Dashrath under Section 323/504/506 was also filed in this case. Being aggrieved that his report was not taken down correctly by the police, he moved an application Ext. Kha-3 before the Superintendent of Police, Distt. Banda and it was written therein that after some time 11 persons along with accused Sahdev, Rajjoo and Dashrath entered his house and in order to rescue the inmates, The persons present there wielded lathis as a result thereof, the accused party also sustained injuries. While running away from the place of occurrence, they put fire to the house of Pyare and his report was not taken down correctly and that he also lodged an F. I.R. at 1.30 P.M. on 23.8.77 at Police Station Kotwali, Disttt Banda. While running away from the place of occurrence, they put fire to the house of Pyare and his report was not taken down correctly and that he also lodged an F. I.R. at 1.30 P.M. on 23.8.77 at Police Station Kotwali, Disttt Banda. The injuries of Hublal were also medically examined by Dr. R. K. Mehrotra in Distt. Hospital Banda, 4 lacerated wounds and 3 contusions were found on his person on the medical examination. Rest of the appellants stated in their statements that they had been falsely implicated in this case due to previous enmity. 10. The learned Trial Judge after considering the evidence on record found the aforesaid 5 appellants guilty of the offence and convicted and sentenced all of them as mentioned above, while acquitted the other co-accused, who were not found guilty of the offence. 11. The learned counsel for the appellants argued that it is a case in which both the parties lodged the report against each other. Both the parties sustained injuries and have given their own version in respect of the incident, hence it could not bt presumed that the appellants were aggressor, inflicting the injuries on the person of complainant party. I examined the evidence of the witnesses thoroughly and the defence version from both the reports filed in defence. P.W. 1 Sahdev admitted in his statement that he was assaulted by only 3 persons; at that time other 9 accused persons were standing at a distance of 5 steps. Rajjoo sustained gun shot injuries and at that time Palwa was armed with a country made pistol, who fired a shot as a result of which. Rajjoo, sustained gun shot injuries, while Sahdev sustained 3 incised wounds and he stated that he was assaulted by only Ram Bhawan, Chandra Bhawan and Palwa, on his Cry Rajjoo and Dashrath reached there, Palwa accused fired a shot on Rajjoo; Dashrath was assaulted by Ram Bhavan with his pharsa, while other accused with lathis and both the parties sustained injuries. The witness further. stated that he, Rajjo and Dashrath were assaulted one after the other and also deposed about the sequence of the incident. According to him, he was assaulted by Chandra Bhavan with pharsa at the instigation of Ram Bhawan as a result thereof his thumb and finger were cut. The witness further. stated that he, Rajjo and Dashrath were assaulted one after the other and also deposed about the sequence of the incident. According to him, he was assaulted by Chandra Bhavan with pharsa at the instigation of Ram Bhawan as a result thereof his thumb and finger were cut. Then Dashrath reached to rescue him, two of the accused persons advanced towards them, he assaulted Hublal, thereafter Chandra Bhavan assaulted him with a pharsa as a result of which his thumb was cut then it appears that Rajjoo and Dashrath reached there for his rescue and they wielded lathis as a result of which Hublal sustained injuries. From the above statement it appears that the complainant party was not aggressor. The participation of Chandra Bhavan, Hublal and Palwa is found to be proved. Ram Pyare and Shiv Balak accused out of the other co-accused who were armed with lathis admitted their participation in the incident. Thus the learned Sessions judge was fully justified in holding 5 appellants aforesaid guilty of the offence and he was fully justified in recording acquittal of the remaining 7 accused persons. The complainant party has explained the injuries of Hublal from the initial stage of F.I.R. the defence version does not appear to be truthful as he denied his F.I.R. to be correctly scribed by the police, which was lodged by him at 9.30 A.M. on the date of occurrence and he gave a different version that the aforesaid 3 accused and 11 other persons made an attack at his house when the inmates of the house and other persons present there wielded lathis in self defence inflicting injuries on the person of the complainant party but the complainant party has also sustained pharsa injuries and gun shot injuries which had not been accepted by the defence at all. Thus the defence version is not relied and I discard the same. 12. The learned counsel for the appellants argued that the F. I.R. is delayed and was lodged after full consultation and deliberation and there is no independent witness support the prosecution version. I examined this aspect also from the evidence on record and I find no substance in this contention. 12. The learned counsel for the appellants argued that the F. I.R. is delayed and was lodged after full consultation and deliberation and there is no independent witness support the prosecution version. I examined this aspect also from the evidence on record and I find no substance in this contention. As both the parties sustained injuries and have admitted the causing of injuries to either side in self defence, delay in lodging the F.I.R. does not affect the credibility of the witnesses and the prosecution version does not suffer anv infirmity on this score. No doubt the prosecution has not examined the other independent witness but after examining the sequence of the incident the prosecution evidence regarding the participation of the appellants appears to be proved and the prosecution case does not suffer from any infirmity. 13. It was also argued that a case tinder Section 307/149 is not made out as the injuries found on the person of 3 injured namely, Sahdev, Rajjoo and Dashrath, are simple injuries except that of Injury No. 1 of Sahdev which was found the grievous and as the thumb of Sahdev is said to have severed with the pharsa blow. 1 considered this argument to be not unsustainable as all the injuries of the 3 persons were found to be simple injuries except that thumb of Sahdev was cut by pharsa blow and this injury is said to be a grievous injury on non-vital part of the body. No injury said to be serious and dangerous to life was found. Consequently, I set aside the conviction and sentence of all the accused appellants recorded under Section 307/149 I.P.C. by the trial Court. 14. In the last the learned counsel for the appellants argued that it would not be proper to send the appellants behind the bar after a period of 15 years to undergo rigorous imprisonment for a period of 9 months and it was urged that some reasonable amount of fine may be imposed on the appellants instead of sending them to jail. None of the appellants is previous convict or has bad antecedent. None of the appellants is previous convict or has bad antecedent. 1 considered this argument of the learned counsel for the appellants and in my opinion if the fine is imposed on the appellants after depositing this fine they will remain peacefully without enmity, otherwise, the small sentence of 9 months would embitter the enmity for which the complainant party would get nothing. In my opinion, if Chandra Bhavan, who assaulted with pharsa is sentenced to pay a fine of Rs. 1,000/-, and palwa who was armed with a country made pistol and fired a shot on Rajjo causing him one simple injury on left arm, a non-vital part of the body, is 'sentence to pay Rs. 1,000/- and rest of the appellants Hublal, Ram Pyare and Shiv Balak who are said to have been armed with lathis each of them is sentenced to pay a fine of Rs. 500/-, would adequately meet the ends of justice. 15. Consequently the appeal, is allowed in part, the conviction and Sentence of the appellants recorded under Section 307/149 I.P.C. are set aside while conviction of the appellants recorded by trial court under Section 326/149 and 324/149 I.P.C. is maintained, but their sentence of imprisonment is converted into fine. A fine of; 1000/- is imposed on appellants Chandra Bhavan and Palwa, each. In default of payment of fine each of them will undergo the rigorous imprisonment of 9 months while rest of the appellants namely, Hublal, Ram Pyare and Shiv Balak are sentenced to pay a fine of Rs. 500/-, each. In default of payment of fine, each of them will undergo the rigorous imprisonment of 6 months. If the total amount of fine is realised from the appellants, out of it Rs. 500/- to Dashrath, Rs. 500/- to Rajjoo and Rs. 1,000/- to Sahdev shall be paid to them. The appellants are directed to pay the fine within a period of 3 months from today. They are on bail, they need not to Surrender and their bail bonds are cancelled and their sureties discharged. 16. In case the amount of fine is not deposited by any of the appellants within the time allowed by this court, he will be taken into custody to serve out the sentence of imprisonment, as stated above.