D. K. TRIVEDI, J. The present criminal appeal has been preferred by appellants challenging their conviction under Sections 147, 148, 307/149 and 323/149 I. P. C and sentences of one year, one year and five years respectively. Learned Sessions Judge did not record any separate sentence under Sections 323/149 I. P. C. 2. According to the prosecution case, on 6th March, 1973 at about 4. 30 p. m. Munna Singh was returning from village Kanjemau after attend a Panchayat there. It is stated that as soon as he reached in between the villages Pandit Purwa and Ahiran Purwa, the accused persons armed with Lathi, Bhala, Kanta and Pharsa encircled him and assaulted him with their respective weapons. It is further stated that he raised an alarm and hearing the said alarm several persons including Smt. Shiv Pata, Smt. Sunder Pata and Baba Din of Ahiran Purwa reached and tried to save him. It is said that Smt. Shiv Pata, Smt. Sunder Pata and Baba Din were also assaulted by these accused persons. However, on intervention of the witnesses accused persons ran away and there after a report was lodged by (PW. 1) Badri Singh at PS. Colonelganj, District Gonda on the same day at about 6. 50 p. m. (P. W. 5) S. I. Santosh Kumar Pandey conducted investigation of this case and he sent the injured to the hospital for medical examination. He also recorded statements of other witnesses and after completing investigation submitted charge-sheet against the accused persons. 3. P. W. 6 Dr. B. C. Pal examined Munna Singh injured, the same day at about 7. 15 p. m. He found 16 injuries on the person of Munna Singh. According to him all the injuries were simple except injuries Nos. 1, 2, 3, 9, 10, 12 and 16. The injuries mentioned above were kept under observation and Doctor advised X-ray. According to the Doctor all the injuries except injury Nos. 7 and 8 were caused by blunt object as Lathi. Injury Nos. 7 and 8 according to him, were caused by some pointed weapon. The injury report is Ext. Ka. 10. Other three injured persons, namely, Smt. Shiv Pata, Smt. Sunder Pata and Baba Din were medically examined by P. W. 4 Dr. Qazi Anwar Ahmad who found one swelling on the right leg of Smt. Shiv Pata. Injury Nos. 7 and 8 according to him, were caused by some pointed weapon. The injury report is Ext. Ka. 10. Other three injured persons, namely, Smt. Shiv Pata, Smt. Sunder Pata and Baba Din were medically examined by P. W. 4 Dr. Qazi Anwar Ahmad who found one swelling on the right leg of Smt. Shiv Pata. On the body of Sunder Pata he found one swelling and pain on the leg and pain on the head. He further found one contusion and one abrasion on the body of Baba Din. All the injuries were of simple nature. 4. In support of its case the prosecution examined five witnesses, out of them P. W. 1 Badri Singh, (P. W 2) Sahdeo Singh and (P. W 3) Munna Singh are witnesses of fact. (P. W. 4) Dr. Qazi Anwar Ahmad examined the injured and proved injury report Exts. Ka. 1 to 3 PW. 5 S. I. Santosh Kumar Pandey conducted investigation and submitted the charge-sheet in this case. (P. W. 6) Dr B. C. Pal examined the injury and proved the injury report Ext. Ka. 10. 5. All the accused persons denied prosecution case and stated that they have been falsely implicated in this case due to enmity. 6. Learned trial Judge after considering the evidence on record came to the con clusion that the guilt of appellants is proved beyond all reasonable doubts and therefore, he convicted and sentenced all the accused persons as mentioned above. 7. Feeling aggrieved by the said judgment and order appellants filed the present appeal in this Court. 8. I have heard Sri Vishnu Sahai Counsel for the appellants, as well as Addl. Govern ment Advocate and perused the record. Appellant No. 3 Lekh Raj, appellant No. 9 Mata Prasad and appellant No. 14 Shiv Paltan are reported to be dead during pendency of the appeal, hence the present appeal abates against Lekh Raj, Mata Prasad and Shiv Paltan appellants, and the appeal against Lekh Raj, Mata Prasad and Shiv Paltan is, therefore, dismissed as abated. 9. Appellant No. 3 Lekh Raj, appellant No. 9 Mata Prasad and appellant No. 14 Shiv Paltan are reported to be dead during pendency of the appeal, hence the present appeal abates against Lekh Raj, Mata Prasad and Shiv Paltan appellants, and the appeal against Lekh Raj, Mata Prasad and Shiv Paltan is, therefore, dismissed as abated. 9. Learned Counsel for the petitioner first tried to assail the findings accorded by the Court below on the basis of the medical contradictions and inonsistencies but in my opinion the testimony of these witnesses is consistent and supported by medical as well as other documentary evidence, and therefore, it is not possible to hold that learned Court below committed an error in holding that the prosecution has successfully proved the guilt of appellants beyond reasonable doubts. 10. Learned Counsel for the appellants further pointed out that appellant Surendra was alleged to be armed with Kanta but admittedly there are no Kanta injuries on the body of Munna Singh and others, injured persons. In these circumstances participation of Surendra Singh does not find support from the medical evidence. Appellant Surendra has also not been assigned any motive. In these circumstances, in my opinion, at least Surendra is entitled to get the benefit of doubt. Learned Counsel for the appellant further pointed out that (P. W. 2) Sahdeo Singh in his statement stated that Sadhu Singh was armed with pharsa and therefore, Sadhu Singh is also entitled to get benefit of doubt. In my opinion, contention of learned Counsel for the appellant has no force because Sandhu Singh has been assigned motive and further (P. W. 1) and (P. W. 2) clearly stated that Sadhu Singh was armed with Bhala. There are punctured wounds also on the body of Munna Singh injured. In these circumstances, in my opinion, only on the basis of statement of Sahdeo Singh it cannot be said that Sadhu Singh was not present at the time of incident. Learned Sessions Judge has considered the evidence of eye-witnesses in great detail and in my opinion he has committed no illegality in believing the testimony of these witnesses. The statement of these eye-witnesses as pointed out above, are consistent and corroborated by the medical evidence. 11. Lastly Counsel for the appellants contended that even accepting the prosecution case no case under Section 307/149, I. P. C. is made out. The statement of these eye-witnesses as pointed out above, are consistent and corroborated by the medical evidence. 11. Lastly Counsel for the appellants contended that even accepting the prosecution case no case under Section 307/149, I. P. C. is made out. According to him the case falls only under Section 324/149, I. P. C. In support of his contention he pointed out that Dr. B. C. Pal who examined injuries of Munna Singh, clearly stated that all the injuries except injury Nos. 1,2,3,9,10,12 and 16 are simple. He further stated that injury Nos. 1,2,3, 9,10,12 and 16 were kept under the observation and X-ray was advised. There is nothing on record to show that any X-ray was done in this case. There is no supplementary report in respect of these injuries and therefore, in the absence of any supplementary report or X-ray report it cannot be said that these injuries are grievious injuries, (P. W. 6) Dr. B. C. Pal further stated that death could be caused by cumulative effect of these injuries but in the cross-ex amination he stated that cumulative effect of the injuries was shock. He further admits that force of the shock is always different and therefore, it cannot be said that applicant death due to shock of some particular injury. 12. The above mentioned fact itself shows that there is nothing on record to show that the injuries caused on the body of Munna Singh are grievious or serious one which could cause death of the injured. (P. W. 6) Dr. B. C. Pal did not say specifically that any of the injuries found an the body of Munna Singh is so serious which could cause death to Munna Singh. 13. Apart from this, there are other circumstances also which prove that the appel lants had no intention to killmunna Singh. According to the prosecution case, 15 persons surrounded Munna Singh and all these persons were armed with Bhala, Pharsa, Kama and Lathi Tbtal injuries found on the body of Munna Singh are 16 in number, out of them one is abrasion and this shows that all the appellants have given only one blow to Munna Singh. 14. If all these 15 persons assembled there in order to kill Munna Singh then they would not have caused only these injuries specially when they were armed with lethal weapon like Kama and Bhala. 14. If all these 15 persons assembled there in order to kill Munna Singh then they would not have caused only these injuries specially when they were armed with lethal weapon like Kama and Bhala. The two punctured wounds found on the body of victim are also on the shoulder only. 15. As regards motive is concerned, the same is not so strong. It is said that there was some election between Sadhu Singh and Munna Singh which took place in the year 1972. It is further stated that Sadhu Singh and Hudbar Singh took some money from Munna Singh and Munna Singh obtained some decree in respect of same amount. 16. Keeping in mind the motive it can only be said that there is intention to cause injuries by dangerous weapon. In these circumstances, in my opinion, the case falls under Section 324/149, I. P. C. 17. At this stage learned Counsel for the appellants contended that the instant incident took place in the year 1973 and since then much water has flowed down and there has been no recurrence of such incident in between the parties. The parties as well as their sons are living peacefully in the village and therefore, it would not be proper to send back the accused persons to jail again. 18. In view of the facts and circumstances of the case, in my opinion, sentences already undergone and a fine of Rs. 700/- each will meet the ends of justice. 19. In the result, the appeal of appellants Nos. 1, 2, 4, 5, 6, 7, 8,10,11,12 and 13 is partly allowed. The conviction recorded against the appellants mentioned above under Section 307/149 I. P. C. is set aside and in its place they are convicted under Section 324/149 I. P. C. The remaining conviction of the appellants mentioned above is hereby confirmed. 20. Appeal of Surendra is allowed. Conviction and sentence awarded to Surendra is set aside. He need not to surrender and his bail-bonds and sureties are discharged. 21. As regards the appellants mentioned above are concerned, their sentences are reduced to the rigorous imprisonment already undergone under all the Sections and a fine of Rs. 700/- each is further imposed to them under Section 324/149 I. P. C. The appellants are directed to deposit the said amount with the Chief Judicial Magistrate concerned within there months. 21. As regards the appellants mentioned above are concerned, their sentences are reduced to the rigorous imprisonment already undergone under all the Sections and a fine of Rs. 700/- each is further imposed to them under Section 324/149 I. P. C. The appellants are directed to deposit the said amount with the Chief Judicial Magistrate concerned within there months. If the fine is deposited, then out of the said amount Rs. 5,000/-shall be handed over to Munna Singh injured. If the appellants fail to deposit the said amount of fine then they will serve out the sentences of one year each. The remaining amount shall be kept in State exchequer. Appeal allowed. .