J. N. BHATT, J. ( 1 ) APPELLANTS are the original accused persons who have challenged their conviction and sentence order recorded by the learned Additional Sessions Judge Kutch at Bhuj in Sessions Case No. 45 of 1984 on 19. 12. 1984 by invoking the aids of the provisions of section 374 of the Criminal Procedure Code 1973 (Code for short hereinafter ). ( 2 ) ALL the three appellants were charged for the offences punishable under sections 307 326 324 and 504 (2) read with section 34 of the Indian Penal Code in the Sessions Court. On appreciation of the facts and circumstances and the evidence on record the trial court held the accused persons guilty for the offence under section 326 read with section 34 of the Indian Penal Code and sentenced each of the accused to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500 and in default to undergo further rigorous imprisonment for one month. ( 3 ) A conspectus of the material facts leading to the rise of this appeal may shortly be stated at this juncture. ( 4 ) THE incident in question occurred on 14. 1 at about 1. 15 P. M. at Gadhedi Dhar Road near the house of witness Bhala Radha at Rapar. The prosecution inter alia alleged that all the three accused persons who are brothers had formed a common intention to kill the complainant-Nondha Mandan and in pursuance of the said common intention attacked on him on the aforesaid day and lime. Accused No. 1 was armed with a sword accused No. 2 was armed with a dharia and accused No. 3 was armed with a slick with iron rings. According to the prosecution case accused No. 1 gave sword blows on the right hand of the injured-complainant Nondha Mandan and it resulted into cutting off the forearm from the wrist joint of right hand and he also gave second blow with the sword on the head of the injured complainant. As per the prosecution case accused No. 2 gave a dharia blow on the left hand wrist of the injured and accused No. 3 gave a slick blow on the head of the injured. ( 5 ) IN order to substantiate and fortify the charges against the accused the prosecution has relied on the evidence of 18 prosecution witnesses. As per the prosecution case accused No. 2 gave a dharia blow on the left hand wrist of the injured and accused No. 3 gave a slick blow on the head of the injured. ( 5 ) IN order to substantiate and fortify the charges against the accused the prosecution has relied on the evidence of 18 prosecution witnesses. The prosecution also relied on documentary evidence to which reference will be made at an appropriate stage as and when required hereinafter. 5. 1 First contention raised by the learned counsel for the appellants is that the prosecution has not been able to prove the complicity of the accused beyond reasonable doubt. Having examined the facts and circumstances emerging from the record of the present case and having given an anxious thought to the evidence the aforesaid contention of the learned counsel for the appellants/accused is totally meritless. ( 6 ) INJURED witness-Nondha Mandan is also the complainant. He is the prosecution witness No. 14. He is examined at Ex. 45. He is a Harijan and on the day of the incident that is on 14. 1. 1984 at about 1. 15 P. M. he was sitting near the house of his friend Bhala Radha in village Rapar. At that time all the three accused persons came there armed with weapons. It is very clear from the evidence of the injured that the accused No. 1 was armed with a sword accused No. 2 was armed with a dharia and accused No. 3 was armed with a stick with iron rings. The injured was questioned by the ecocide as to why he is coming in the way of their relations with one lady named Rati. Immediately thereafter the accused No. 1 Sumraji Bhimji aimed on blow with the sword on the head of the injured. The injured tried to save his head with the help of his right hand with the result he sustained serious injuries on the right hand and his fore-arm from the joint of wrist was cut off. Accused No. 2 Visaji Bhimji thereafter inflicted dharia blow on the right hand of the injured and caused serious injuries to him. Subsequently accused No. 3 Bhuraji Bhimji gave one stick blow on the head of the injured. Thereafter the friend of the injured Bhala Radha who was there intervened and tried to save the injured. Accused No. 2 Visaji Bhimji thereafter inflicted dharia blow on the right hand of the injured and caused serious injuries to him. Subsequently accused No. 3 Bhuraji Bhimji gave one stick blow on the head of the injured. Thereafter the friend of the injured Bhala Radha who was there intervened and tried to save the injured. The injured was immediately taken to Primary Health Centre at Rapar where he was examined by Dr. Doshi. Subsequently considering the seriousness of the injuries the injured was shifted to General Civil Hospital at Bhuj where he was examined by Dr. Shukla. The evidence of the injured/complainant has remained totally unshaken. There is no reason to disbelieve his version. His evidence is also fortified by two eye witnesses P. W. 11 Bhala Radha who is examined at Ex. 37 and P. K. 12 Magibhai Pethabhai who is examined at Ex. 38. The evidence of the two eye witnesses was fully supporting the testimony of the injured. There is nothing in their evidence which would warrant rejection of their evidence. The evidence of the injured is also supported by the P. W. 13 Reva Mandan who is examined at Ex. 39 who came to the venue of the incident immediately after its occurrence. ( 7 ) IT is very clear from the evidence on record that the first Information Report was lodged immediately after the occurrence of the incident within less than half an hours time. The First Information Report is produced at Ex. 54. It fully corroborates the version of the prosecution. After the F. I. R. was recorded with a police yadi the injured was taken to Primary Health Centre Rapar. Dr. Doshi examined the injured at the Primary Health Centre on the same day at 1. 50 P. M. Thus within 35 minutes the injured was examined by Dr. Doshi. P. W. 8 Dr. Doshi is examined at Ex. 28. He fully supports the version of the prosecution and the testimony of the injured. Subsequently in view of the seriousness of the injuries the injured was shifted to General Civil Hospital at Bhuj where he was examined by Dr. Shukla at about 4. 45 P. M. on the same day. P. W. 9 Dr. Dineshchandra Bhairavprasad Shukla who is examined at Ex. 30 also supports the prosecution version. Subsequently in view of the seriousness of the injuries the injured was shifted to General Civil Hospital at Bhuj where he was examined by Dr. Shukla at about 4. 45 P. M. on the same day. P. W. 9 Dr. Dineshchandra Bhairavprasad Shukla who is examined at Ex. 30 also supports the prosecution version. Thus the evidence of the injured is fully reinforced by two eye witnesses and medical evidence and it is corroborated by the F. I. R. which was lodged with promptudeness. It is very clear from the evidence on record that the injured- Harijan Nondha Mandan had sustained as may as following six injuries on his person: 1 Incised wound frontal region of head 5 cm. long sigitally in middle. 2 Incised wound frontal region of head 4 cm. long sagitally 0. 5 cm. lateral to injury No. 1. 3 Contusion verticle of left lead side 6 cm. x 6 cm. 4 Incised wound temporal region of head ANC sloped 10 cm. long with skin flop attached posteriorly. 5 Incised wound Are sloped 8 cm. long (L) forewim anteriorly 4 cm from (L) elbow. 6 Total amputation of right hand at the level of wrist joint ( 8 ) THE aforesaid injuries were found and noticed within 35 minutes after the occurrence of the unfortunate incident by Dr. R. R. Doshi and he had recorded the said injuries in the medical case papers of the aforesaid injuries injuries Nos. 6 Total amputation of right hand at the level of wrist joint ( 8 ) THE aforesaid injuries were found and noticed within 35 minutes after the occurrence of the unfortunate incident by Dr. R. R. Doshi and he had recorded the said injuries in the medical case papers of the aforesaid injuries injuries Nos. 1 2 3 4 5 and 6 were possible by sharp cutting instrument like sword and dharia and injury No 3 was possible by hard and blunt substance like stick with iron rings Thus the medical evidence on record fully corroborates the version of the injured ( 9 ) IN view of the facts and circumstance narrated hereinbefore and after examining the entire testimonial collections emerging from the record of the present case it can safely be concluded without any hesitation that the trial court is justified in recording the conviction of all the accused persons for the offence punishable under section 326 read with section 34 of the Indian Penal Code Since this court broadly agrees with the views adopted and the ultimate conclusion recorded it would not be necessary for this court to reiterate all the grounds on which the conviction is recorded However this court is of the clear opinion that the order of conviction recorded by the trial court for the offence under section 326 read with section 34 of the Indian Penal Code against all the three accused persons is just and legal and therefore it is required to be confirmed ( 10 ) NEXT it brings into the sharp focus the question of quantum of sentence awarded by the trial court. The trial court has awarded rigorous imprisonment for three years and a fine of Rs. 500 and in default to undergo further rigorous imprisonment for one month for the aforesaid offence under section 326 read with section 34 of the Indian Penal Code against all the three accused persons Section 326 of the Indian Penal Code prescribes punishment for life or with imprisonment of either description for a term of ten years and shall also be liable to fine. Prima facie the quantum of sentence awarded by the trial court in the facts and circumstance cannot be said to be harsh or excessive However considering the intervening time lag which is almost a decade and the peculiar facts and circumstances and considering the role played by each of the three accused persons in the commission of the crime this court is of the opinion that the ends of justice will be satisfied if the order of substantive sentence of imprisonment is properly reduced while properly enhancing the sentence of payment of fine ( 11 ) IT is very clear from the evidence on record that the accused No. 1 Sumraji Bhimji used sword and inflicted two blows on the person of the injured resulting into cutting off the forearm of the injured from the wrist joint of the right hand Obviously the loss of forearm and that too of right hand will practically make the injured Nondha Mandan who is a village Harijan labourer jobless. Apartfrom the Physical and mental agony he has been undergoing he is likely to undergo severe financial difficulties on account of the aforesaid injuries Accused No. 2- Visaji Bhimji used dharia and inflicted one blow on the left hand Accused No 3- Bhuraji Bhimji used stick with iron rings and gave one blow on the head of the accused. All the three accused persons are brothers and they come from one family. They are shown to be agriculturists. The victim of the unfortunate crime is also a very poor person. The victimology has its own role to play and the court cannot shut its eyes and remain oblivious from this aspect while appreciating other modem trend prevalent in the field of criminology and penology. ( 12 ) HAVING regard to the facts and circumstances the ends of justice will be staisfied if the substantive sentence of imprisonment of three years is reduced to two years in so far as accused No. 1- Sumraji Bhimji respondent No. 1 herein is concerned while raising the fine of Rs. 500 to Rs. 12 0 and in default to undergo rigorous imprisonment for one year. The order of substantive sentence of throe years is reduced to 1-1/2 years in so far as accused No. 2-Visaji Bhimji-respondent No 2 herein is concerned while raising the fine of Rs. 500 to Rs. 500 to Rs. 12 0 and in default to undergo rigorous imprisonment for one year. The order of substantive sentence of throe years is reduced to 1-1/2 years in so far as accused No. 2-Visaji Bhimji-respondent No 2 herein is concerned while raising the fine of Rs. 500 to Rs. 8 0 and in default to undergo rigorous imprisonment for one year. In so far as accused No. 1-Bhuraji Bhimji respondent No. 3 herein is concerned the substantive sentence of imprisonment of three years is reduced to one year while raising the fine of Rs. 500 to Rs. 5000 and in default to undergo rigorous imprisonment for one year. The amount of fine if paid by them shall be paid to the P. W 14 injured Nondha Mandan by way of compensation under section 357 of the Criminal Procedure Code. 12a In view of the entire conspectus of the testimonial collections and while viewed in the light of the latest case law on the point as catelogued and the circumstances narrated hereinbefore the impugned conviction under section 326 read with section 34 of the Indian Penal Code is confirmed and the impugned order of sentence is partly modified The impugned order of sentence of rigorous imprisonment for three years in so far as accused No. 1/appellant No. 1 Sumraji Bhimji is concerned is reduceed to rigorous imprisonment for two years. However the sentence of fine of Rs. 500 is enhanced of Rs. 12 0 and dafault he shall undergo rigorous imprisonment for one year. In so far as accused No 2 No 2- Visaji Bhimji is concerned the substantive sentence of rigorous imprisonment for three years is reduced to rigorous imprisonment for 1-1/2 years However the sentence of line of Rs 500 is enhanced to Rs. 8 0 and in default he shall undergo rigorous imprisonment for one year As far as accused No. 3/ appellant No 3- Bhuraji Bhimji is concerned the substantive sentence of rigorous imprisonment for three years is reduced to rigorous imprisonment for one year However the sentence of fine of Rs. 500 is enhanced to Rs. 8 0 and in default he shall undergo rigorous imprisonment for one year As far as accused No. 3/ appellant No 3- Bhuraji Bhimji is concerned the substantive sentence of rigorous imprisonment for three years is reduced to rigorous imprisonment for one year However the sentence of fine of Rs. 500 is enhanced to Rs. 5000 and in default he shall undergo rigorous imprisonment for one year The amount of fine imposed by this court if paid by the accused/appellants shall be paid to P. W 14 injured Nondha Mandan by way of compensation under section 357 of the Criminal Procedure Code on due verification by the trial court ( 13 ) AT this stage learned counsel for the appellants/accused requests that the accused persons may be given four weeks time to make efforts to pay the amount of fine and to surrender. Considering the peculiar facts and circumstances the accused persons are granted time of four weeks from today as requested The bail bonds shall stand cancelled. Appeal is partly allowed accordingly. Appeal Partly Allowed. .