JUDGMENT The petitioners, named above have filed the present revision petition against the judgment delivered in Criminal Appeal No. 27/88 by virtue of which the judgment delivered on 11.3.88 in Criminal Case No. 575/85 by Judicial Magistrate First Class, Patan, Distt. Jabalpur of holding the accused guilty of the offences punishable under sections 323 and 324 read with section 34 (respectively) of the I.P.C. has been maintained and by reducing the quantum of sentence the petitioners have been sentenced to pay a fine of Rs. 1,000/- each or in default to undergo rigorous imprisonment for 3 months. Prosecution case is that on 10.11.85 at about 3 P.M. Rameshwar Prasad (P.W. 1) was digging his field by means of a pickaxe. At that time Hathiram (accused No.2) came there and forbade Rameshwar Prasad from carrying out the said agricultural operation in that portion of the said field, contending that the said portion of the said field belongs to him. At that time Mohan and Chhiddi came there and intervened in the incident. They suggested that the said persons should not quarrel and should get the field measured by some competent authority. All of them came to the house of Kamla Prasad where accused/petitioner Rajaram also came. He asked Rameshwar Prasad as to why he was digging in and, preparing, that portion of the field belonging to him. Soon thereafter, Hathiram dealt a lathi blow on the leg of Rameshwar. Rameshwar. Prasad fell down on the ground. The pickaxe which he was carrying also fell on the ground. Thereupon, Rajaram lifted the said pickaxe and dealt a blow by its blunt side on the head of Rameshwar. Rameshwar lodged first information report at police station Patan. On being medically examined one injury on the head and the other injury on the leg of Rameshwar Prasad were found present. After recording evidence the trial Court held accused Rajaram guilty for committing an offence punishable under section 324 and held Hathiram guilty for committing offence punishable under section 324 read with section 34 of the I.P.C. The trial Court sentenced the accused to rigorous imprisonment for one year each and to pay a fine of Rs. 200/- each or in default to undergo rigorous imprisonment for one month each. 200/- each or in default to undergo rigorous imprisonment for one month each. In the appeal filed by the accused, the said findings were maintained by the appellate Court but the sentence was reduced to imposition of fine only of Rs. 1,000/- each or in default to under-go rigorous imprisonment for 3 months each and hence the present revision petition. From the above narration itself, it is clear that Hathiram had already dealt a blow by means of a stick on the leg of Rameshwar Prasad. Thereafter, when the pickaxe which was in the hand of Rameshwar Prasad felt down on the ground, Rajaram lifted it and dealt blow by its blunt side on the head of Rameshwar. Therefore, obviously, Hathiram could not have been found and held vicariously liable for the Criminal Act committed by Rajaram and therefore he could not be held guilty for committing an offence punishable U/s 324 read with section 34 of the I.P.C. He could have been held guilty for committing an offence punishable under section 323 of the I.P.C. only. In the result, the present revision is partially allowed and while finding of holding Rajaram guilty for committing an offence punishable under section 324 of the I.P.C. is maintained, the finding beholding Hathiram guilty for committing an offence punishable under section 324 read with section 34 of the IPC is set aside. Instead, he is held guilty for committing an offence punishable under section 323 of the I.P.C. Regarding sentence awarded to the accused/petitioners, in my opinion, the sentence of payment of fine of Rs. 500/- to petitioner Rajaram alias Rajju or in default to undergo rigorous imprisonment for two months and a half and a fine of Rs. 200/- or in default to rigorous imprisonment for 2 months to accused petitioner Hathiram for committing offences punishable under section 324 and 323 of the IPC respectively would meet the ends of justice. Consequently, the present revision petition is partially allowed and the accused petitioner Rajaram alias Rajju is held guilty for committing offence punishable under section 324 of the IPC and is sentenced to pay a fine of Rs. 500/- or in default to undergo rigorous imprisonment for two months and a half. Accused/Petitioner Hathiram is held guilty for committing an offence punishable under section 323 of the IPC and is sentenced to fine of Rs. 500/- or in default to undergo rigorous imprisonment for two months and a half. Accused/Petitioner Hathiram is held guilty for committing an offence punishable under section 323 of the IPC and is sentenced to fine of Rs. 200/- or in default to undergo rigorous imprisonment for 2 months.