JUDGMENT Mr. Surya Prasad, J. - This is a criminal appeal against the judgment and order dated 7.6.79 passed by the then IV Addl. Sessions Judge, Hamirpur Sri H.C. Shukla in Session Trial No. 304 of 1977 State v. Kalloo and Others, whereby no convicted the accused appellants under Section 324 read with Section 34 I.P.C. and sentenced them to one year rigorous imprisonment and further convicted them under Section 323 read with Section 34 I.P.C. and sentenced them to six months rigorous imprisonment thereunder. 2. The prosecution case briefly stated is that on 5.3.77 Kailash Prasad (P.W.1), Chandra Shekhar (PW-2) and Din Dayal (PW-3) were warming themselves beside a fire place known as Kaura in the local dialect, in the Bayara of Shrafan Kumar and Shravan Kumar was also there. It is alleged that it was the night of Holy festival and Holi was burnt in that night. It about 8.30 p.m. all the four accused appellants came there. Accused Jhalloo and Kalloo were armed with Barchhis and accused Debi Dayal and Munna were armed with Lathis. All of them started lifting fuel wood and Bakkhar from the Bayara. Kailash Prasad prevented them from doing so. Thereupon the accused Debi Dayal exhorted other accused to kill. The accused Jhalloo and Kalloo attacked Kailash Prasad by Barchhis, causing injuries on the abdomen and scapula. Shravan Kumar caught held of Kalloo's Barchhi where upon the accused Munna gave a Lathi blow on his head. Other persons sitting in the Bayar intervened and the accused persons ran away. The members of the family of Kailash Prasad came there and took him to outpost Sisolar, Shravan Kumar lodged written First Information Report Ext. Ka-7 on the basis of which a chick report was prepared and the case was registered in the General Diary. Kailash Prasad was sent to Maudaha Hospital for medical examination. 3. On 6.3.77 at 11.30 a.m. injuries of Kailash Prasad were examined by Dr. Ghan Shyam Pandey M.O. I/C P.H.C. Maudaha. He found the following injuries on his person : 1. Stab wound 2cm. X cm. in centre of abdomen, 3 cm. below the sternum. Margins were sharply cut, red and swollen, dried, blood seen, probing was not done for fear of complication, hence direction and extent of the wound could not be decided, Lymph collection had started. 2. Stab wound 1cm. X cm. Stab wound 2cm. X cm. in centre of abdomen, 3 cm. below the sternum. Margins were sharply cut, red and swollen, dried, blood seen, probing was not done for fear of complication, hence direction and extent of the wound could not be decided, Lymph collection had started. 2. Stab wound 1cm. X cm. X cm., margins sharply cut, red and swollen, Lymph collection present. Wound was placed on the top of left shoulder. Swelling present difting of hand was painful. 4. The same day Dr. Pandey also examined Sri Shravan Kumar Pandey at 12.05 p.m. He found one lacerated wound 2-cm. X cm. X cm. muscle deep on his person, Margins were irregular, tora red and swollen. Lymph collection started, blood was seen around the wound. The wound was on the skull, 15cm. above the left ear. Wound was longitudinally placed. According to the opinion of Medical Officer, the injury was simple caused by blunt object and was about half day old. After medical examination he also prepared injury report Ex. Ka-2. He has proved this injury report Ex. Ka-2. The case was entrusted to the then S.O. of P.S. Sisolar Sri Girja Shanker Shukla for investigation. After the completion of the investigation into the case he submitted the charge-sheet against the accused appellants. 5. The prosecution examined Kailash Prasad injured (P.W. 1), Chandra Shekhar (P.W. 2), Din Dayal (P.W. 3), Dr. Ghan Shyam Pandey (P.W. 4), Girja Shanker Shukla (P.W. 5) and Sri Bhanu Pratap Singh (P.W. 6) and relied upon certain documents in support of its case. 6. The accused pleaded not guilty. They have stated that all the allegations levelled against them are wrong and incorrect. They have stated that they have caused injuries to Kailash Prasad in self defence. They have examined Ram Kishore (DW-1) Laxman Singh Chauhan (DW-2) and Medical Officer Dr. S.M. Krishna (DW-3) and relied upon certain documents in support of their contentions. 7. Heard the learned Counsel for the parties and perused the evidence on the record. 8. The learned Counsel for the appellants accused has argued only on the point of sentence awarded to them by the learned Trial Court and has expressed that the same should be modified and reduced to one already undergone by them. The appeal has no substance on merits. 8. The learned Counsel for the appellants accused has argued only on the point of sentence awarded to them by the learned Trial Court and has expressed that the same should be modified and reduced to one already undergone by them. The appeal has no substance on merits. This has been conceded to by the learned Counsel for the appellants in the course of his argument. 9. Both the parties have received injuries in the course of incident. The incident took place on 5.3.77. The statements of the accused were recorded on 6.3.79. The accused Kalloo, Jhalloo, Munna and Debi Dayal have given their ages in their statements under Section 313 Criminal Procedure Code as 38, 31, 33 and 68 years respectively. Their statements on this point have not been mentioned as incorrect any where by the Trial Court. Therefore they were of 23, 16, 18 and 53 years of age respectively on the date of the incident. The appeal was, filed on 20.6.79 on which date they were granted bail by the Hon' ble Court. There has been in no adverse report or comments on the behaviour of the appellants accused during the long period nearly 13 years from the aforesaid date 20.6.79. They must have been earning livelihood for themselves and for the members of their family peacefully. Their liabilities, responsibilities and moral obligation towards the members of their family must have increased in various ways with the lapse of time. They should not be disturbed in any manner whatsoever after such a long period. In view of all this the sentence awarded to them by the learned Trial Court should be modified and reduced to one already undergone by them. 10. In the result the appeal is dismissed. The impugned judgment and order are affirmed. However, the sentence awarded by the learned Addl. Sessions Judge to the appellants accused is modified and reduced to one already undergone by them in respect of the offences alleged to have been committed by them under Section 323 Read with Section 34 I.P.C. and 324 read with Section 34 Indian Penal Code. They are on bail. Their bail bonds are cancelled and sureties stand discharged. They need not surrender.