JUDGMENT - VISHNU SAHAI, J.:-The appellants aggrieved by the order dated 14-12-1987 passed by the IIIrd Additional Sessions Judge, Thane in Sessions Case No. 513 of 1986 convicting them under sections 147 I.P.C., 148 I.P.C. and 326 read with 149 I.P.C. and sentencing them to undergo a separate sentence of one years rigorous imprisonment under the first two counts and 4 years rigorous imprisonment and a fine of Rs. 300/- under the 3rd count, had come up in appeal before me. 2. The prosecution case in brief is that on 27-6-1986, at about 5.30 p.m. all the appellants along with 15 to 20 absconding Adiwasis formed unlawful assembly in village Jawsai, Kathopada, Ambarnath, Taluka Ulhasnagar, District - Thane with the object of committing murders of the complainants Ramanand Ramkamalprasad Yadav, Jahir Abbas, Dineshsingh, Krishnalala and Sanjay Patil. It is alleged that all the appellants were armed with deadly sticks. It is said that sticks as a result of assault by the appellants Jagganath Narayan Nikam and Suresh Kamlu Mukane with sticks one Sanjay Patil was killed and Ramanand (P.W. 1), Jahir Abbas (not examined), and Dineshsingh (P.W. 2) sustained injuries. The allegation of the prosecution was that Krishnalal Bodraj Daharia was also injured but Dr. Sunilkumar Shivchandra Shastri (P.W. 5) who medically examined him, vide his injury certificate Exh. 29, found, no injury on his person. 3. The First Information Report in the instant case is alleged to have been lodged within 41/2 hours of the incident taking place i.e. at 10.45 p.m. on 27-6-1986. The aforesaid F.I.R. was recorded by P.W. 8 P.S.I. D.R. Gore of P.S. Ambernath. 4. The injuries of the victims were medically examined by Dr. Sunilkumar Shivchandra Shastri (P.W. 5) of Ulhasnagar Central Hospital. Doctor examined the informant Ramanand Ramkamal Prasad Yadav on 27-6-1986 at 7.45 p.m. and found on his person the following injuries: 1. C.L.W. over the scalp region over temporal parietal region on left side dimension 10 c.m. long 1 c.m. wide and bone deep. Margins were irregular, Bleeding, present. 2. C.L.W. over left side of forehead just in the hair line with the dimension of 2 c.m. x 1/2 c.m bone deep. Margins irregular. Bleeding present. 3. C.L.W. over the right cheek 3 c.m. length x 1 c.m. breadth sub-cutaneous tissue deep. Margin irregular bleeding present. 4. Margins were irregular, Bleeding, present. 2. C.L.W. over left side of forehead just in the hair line with the dimension of 2 c.m. x 1/2 c.m bone deep. Margins irregular. Bleeding present. 3. C.L.W. over the right cheek 3 c.m. length x 1 c.m. breadth sub-cutaneous tissue deep. Margin irregular bleeding present. 4. Contusion over right hypochondriac with the dimension of 10 c.m. x 4 c.m. clinically no evidence of fracture. 5. Bruise over the left medial aspect of hand 4 c.m. x 5 c.m. X-ray was taken for injury No. 5 bearing No. 2064 show fracture of styloid process of ulna bone. On the same day Dr. Sunilkumar (P.W. 5) examined the deceased Sanjay Kanha Patil and found on his person following injuries : 1. C.L.W. over right side of temporal region transverse in direction 3 c.m. x 1/2 c.m. x bone deep with irregular margin and bleeding was present. 2. Haematoma encirculed in injury No. 1 of 5 c.m. diameter. 3. Haematoma over left temporal region 4 c.m. x 3 c.m. The same day at about 1.40 p.m. doctor examined Dineshsingh (P.W. 2) and found on his person the following injuries : 1. Haemotoma over the posterior 1/3 of left forearm at Upper 1/3 region 7 c.m. x 3 c.m. 2. Whip mark over the left supra scapular region 2 c.m. x. 10 c.m. 3. Whip mark over the left infra scapular region 2 c.m. x. 10 c.m. 4. Whip mark over the posterior aspect of right calf region 2 c.m. x. 5 c.m. 5. In the opinion of the doctor the injuries of all the aforesaid persons could be caused within 24 hours by hard and blunt object. 6. It is alleged that Sanjay Kanha Patil succumbed to his injuries on 2-7-1986 at 3.30 a.m. The autopsy of his dead body was conducted by Doctor Vyankateshwaran (P.W. 4). Doctor Vyankateshwaran found on the person of the deceased the following injuries : 1. Well sutured C.L.W. 3 c.m. long irregular on the right fronto-parietal region. 2 c.m. from mid-line. 2. Well sutured surgical wound on left frontoparietal region 15 c.m. long. 3. Old healed scar on left thigh anteriorly and midially, oblique suggesting healed incised wound. All external orifices normal. According to Dr. Vyankateshwaran, the deceased died on account of traumatic fracture of skull, cerebral laceration and severe cerebral cedema. 2 c.m. from mid-line. 2. Well sutured surgical wound on left frontoparietal region 15 c.m. long. 3. Old healed scar on left thigh anteriorly and midially, oblique suggesting healed incised wound. All external orifices normal. According to Dr. Vyankateshwaran, the deceased died on account of traumatic fracture of skull, cerebral laceration and severe cerebral cedema. The doctor also stated in his cross-examination that there was only one external injury on the person of the deceased. 7. The investigation of the case was conducted by P.S.I. Dilip Ramchandra Gore (P.W. 8), Shivaji Bapurao Shinde (P.W. 9) and P.I. Raja Shivram Gaikwad (P.W. 10). After completing the investigation, the charge-sheet was submitted in the instant case. 8. In due course, the case of the appellants was committed to the Court of Sessions and charges under sections 147 I.P.C., 148 I.P.C. and 307 read with 149, 302 read with section 49 I.P.C., 302 read with 34 I.P.C. and 307 read with 34 I.P.C. were framed against the appellants to which they pleaded not guilty and claimed to be tried. During trial, in all, prosecution examined as many as 10 witnesses. It also tendered and proved various exhibits. The learned trial Judge acquitted the appellants for offences punishable under sections 302 read with 149 I.P.C., 302 read with 34 I.P.C., 307 read with 149 I.P.C. and 307 read with 34 I.P.C. It, however, convicted and sentenced them under sections 147, 148 and 326 read with 149 I.P.C. 9. I have heard Mr. P.P. Hudlikar for the appellants and Mrs. Randive learned Additional Public Prosecutor for the State of Maharashtra at considerable length. I have perused the depositions of the witnesses recorded by the trial Court, various exhibits tendered and proved by the prosecution during trial and the impugned judgement. After giving my anxious consideration to the matter, I am of the opinion that, on merits, this appeal has no force and should be dismissed. 10. In the instant case out of 3 injured witnesses, two, namely, Ramanand Ramkamal Prasad Yadav (P.W. 1) and Dineshsingh Jaysingh Rajput (P.W. 2) have been examined by the prosecution. I have gone through their depositions and find them to be in consonanee with the probabilities and medical evidence. Both the injured witnesses deposed to the assault by blunt weapons as is the prosecution case. I have gone through their depositions and find them to be in consonanee with the probabilities and medical evidence. Both the injured witnesses deposed to the assault by blunt weapons as is the prosecution case. As mentioned above, corresponding injuries were found on their person as well as on Sanjay Kanha Patil and Jahir Abbas. Assurance is lent to the statements of these two witnesses by a prompt F.I.R. which has been lodged within 41/2 hours of the incident taking place. Criminal Courts attach great importance to the lodging of a prompt F.I.R. because the same greatly diminishes the chances of false implication of accused persons as well as that of the informant being tutored. In my opinion, the conviction of the appellants is based on good evidence and cannot be faulted with and on merits this appeal should be dismissed. 11. Mr. Hudlikar learned Counsel for the appellants made 3 submissions before me. His first submission was that the appellants Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe have not been assigned the role of assaulting the victims and consequently they should be acquitted. I regret that I cannot accede to his contention because once it is held that there was an unlawful assembly then each and every member of that unlawful assembly who acts in the prosecution of its common object is equally liable. Inasmuch as the aforesaid appellants acted in the prosecution of the common object of the unlawful assembly they were equally liable. I do not find any merit in the aforesaid contention of Mr. Hudlikar. 12. The second contention of Mr. Hudlikar is that at any rate the conviction of the appellants under section 326 read with section 149 I.P.C. is legally unsustainable. I find considerable merit in this submission. Section 326 I.P.C. reads thus : "326. I do not find any merit in the aforesaid contention of Mr. Hudlikar. 12. The second contention of Mr. Hudlikar is that at any rate the conviction of the appellants under section 326 read with section 149 I.P.C. is legally unsustainable. I find considerable merit in this submission. Section 326 I.P.C. reads thus : "326. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire of any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with (imprisonment for life), or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine". The analysis of this section would show that a person who causes grievous hurt by means of any instrument for shooting, stabbing or cutting or any instrument, which used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be liable to be punished under this section. In my opinion, in the instant case, there is no evidence to indicate that the appellants are guilty of the offence punishable under section 326/149 I.P.C. In my view, the only possible ground for bringing the act of the appellants within the ambit of this section can be that sticks would fall within the expression "any instrument which, used as a weapon of offence, is likely to cause death". Mere use of sticks, in my opinion, would not satisfy the aforesaid requirements. In my view, some evidence should have been adduced that the sticks were of a lethal type and something like a sharp blade or a sharp point etc. was attached to them. Mere use of sticks, in my opinion, would not satisfy the aforesaid requirements. In my view, some evidence should have been adduced that the sticks were of a lethal type and something like a sharp blade or a sharp point etc. was attached to them. In the absence of such evidence forthcoming from the side of the prosecution on the solitary ground that the sticks used in the instant case were about 5 inches in length, it cannot be said that they would fall within the ambit of "any instrument which, used as a weapon of offence, is likely to cause death". In my view, the conviction of the appellants under section 326/149 I.P.C. is unsustainable in law and the proper section to convict the appellants would be section 325/149 I.P.C. As the offence under section 325 read with 149 I.P.C. is a minor offence in relation to the offence under section 326/149 I.P.C. I acquit the appellants under section 326 read with 149 I.P.C. and set aside their sentence on that count. Instead, I convict them under section 325 read with 149 I.P.C. Hence, this second submission of Mr. Hudlikar succeeds. 13. The 3rd submission of Mr. Hudlikar is that at any rate the instant is not one of those cases in which a jail sentence should be awarded to the appellants. Again, I find merit in this contention for the following reasons : (a) the incident took place on 27-6-1986 i.e. more than 8 years age; (b) 3 of the appellants, namely, Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe were aged about 21 years, 19 years and 19 years respectively at the time of the incident; (c) Janardan Narayan Nikam, Ramesh Narayan Nikam and Lalu Baban Waghe have not been assigned the part of actual assault with sticks; (d) it is not known as to who amongst the appellants were responsible for the two grievious injuries found in the instant case; and (e) there is nothing to indicate that any of the appellants have any criminal history. In my opinion the ends of justice would be met if the jail sentence of the appellants on various counts (147 I.P.C., 148 I.P.C. and 325/149 I.P.C.) is reduced to the period already undergone by them and in lieu of remaining period they are directed to pay a fine in the manner stated below : Appellants Jagannath Narayan Nikam and Suresh Kamlu Mukane should each pay a fine of Rs. 4,000/-. The remaining 3 appellants namely Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe should each pay a fine of Rs. 1,500/-. This fine shall be deposited within a period of 4 months from today in the trial Court. In the event of the appellants depositing the fine, their bail bonds will stand cancelled and sureties discharged. In case the appellants Jagannath Narayan Nikam and Suresh Kamlu Mukane do not pay the aforesaid fine, they would undergo a sentence of two years R.I. In case appellants Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe do not pay the aforesaid fine, they will undergo a sentence of one year R.I. Out of the fine realised, Rs. 5,000/- would go to the heirs of the deceased Sanjay Kanha Patil and Rs. 2,500/- would go to each of the 3 victims, namely, P.W. 1 Ramanand Ramkaval Prasad Yadav, P.W. 2 Dineshsingh Jaisingh Rajput and Zahir Ahmed Siddiki (not examined) as compensation. In case if any of the aforesaid persons are dead, then the amount awarded to them would go to their legal heirs. The trial Court would intimate the aforesaid victims and the legal heirs of the deceased Sanjay Kanha Patil regarding this compensation which is being awarded to them. 13. With the aforesaid modification in the conviction and sentences of the appellants, this appeal stands dismissed. Appeal dismissed. ***** 1995(1) Bom.C.R. 570 Before : Vishnu Sahai, J. Jagannath Narayan Nikam others .... Appellants. Versus The State of Maharashtra .... Respondent. Criminal Appeal No. 56 of 1988, decided on 22-7-1994. (A) Code of Criminal Procedure, 1973, Sec. 154---Indian Penal Code, 1860, Secs. 147, 148, 149 326---Evidence Act, 1872, Sec. 3---Unlawful assembly---Causing death and injuries by assault with sticks---Factors like prompt lodging of F.I.R., injuries and weapons of assault compatable with prosecution case---Held, there was no ground for interference in appeal. In the instant case out of 3 injured witnesses, two have been examined by the prosecution. 147, 148, 149 326---Evidence Act, 1872, Sec. 3---Unlawful assembly---Causing death and injuries by assault with sticks---Factors like prompt lodging of F.I.R., injuries and weapons of assault compatable with prosecution case---Held, there was no ground for interference in appeal. In the instant case out of 3 injured witnesses, two have been examined by the prosecution. Court has gone through their depositions and find them to be in consonanee with the probabilities and medical evidence. Both the injured witnesses deposed to the assault by blunt weapons as is the prosecution case. Corresponding injuries were found on their person. Assurance is lent to the statements of these two witnesses by a prompt F.I.R. which has been lodged within 41/2 hours of the incident taking place. Criminal courts attach great importance to the lodging of a prompt F.I.R. because the same greatly diminishes the chances of false implication of accused persons as well as that of the informant being tutored. The conviction of the appellants is based on good evidence and cannot be faulted with and on merits this appeal should be dismissed. (Para 10) (B) Indian Penal Code, 1860, Secs. 147, 148, 149 326---Liability of members of unlawful assembly---Group assault causing death and injuries---Contention that accused were not assigned role of assaulting---Held, all being members of the unlawful assembly are equally liable. First submission was that the appellants have not been assigned the role of assaulting the victims and consequently they should be acquitted. Court cannot accede to this contention because once it is held that there was an unlawful assembly then each and every member of that unlawful assembly who acts in the prosecution of its common object is equally liable. Inasmuch as the aforesaid appellants acted in the prosecution of the common object of the unlawful assembly they were equally liable. (Para 11) (C) Indian Penal Code, 1860, Secs. 147, 148, 149, 325 326---Assault with sticks---Group assault resulting in death and injuries---Contention that in absence of other evidence it cannot be said that sticks were deadly weapons as could cause death---Contention accepted and conviction altered to one under section 325/149 instead of section 326/149. (Para 11) (C) Indian Penal Code, 1860, Secs. 147, 148, 149, 325 326---Assault with sticks---Group assault resulting in death and injuries---Contention that in absence of other evidence it cannot be said that sticks were deadly weapons as could cause death---Contention accepted and conviction altered to one under section 325/149 instead of section 326/149. In the instant case, there is no evidence to indicate that the appellants are guilty of the offence punishable under section 326/149 I.P.C. The only possible ground for bringing the act of the appellants within the ambit of this section can be that sticks would fall within the expression "any instrument which, used as a weapon of offence, is likely to cause death". Mere use of sticks, would not satisfy the aforesaid requirements. Some evidence should have been adduced that the sticks were of a lethal type and something like a sharp blade or a sharp point etc. was attached to them. In the absence of such evidence on the solitary ground that the sticks used in the instant case were about 5 inches in length, it cannot be said that they would fall within the ambit of "any instrument which, used as a weapon of offence, is likely to cause death". The conviction of the appellants under section 326/149 I.P.C. is unsustainable in law and the proper section to convict the appellants would be section 325/149 I.P.C. (Para 12) (D) Code of Criminal Procedure, 1973, Secs. 235 357---Indian Penal Code, 1860, Secs. 147, 148, 149 326---Quantum of punishment---Group assault with sticks resulting in death and injuries---Factors that incident occurred 8½ years back, accused having no original history taken into account and sentence reduced to the period already undergone but fines enhanced and compensation awarded to victims. (Para 13) Advocates appeared : P.P. Hudlikar, for the appellants. Mrs. Randive, for the respondents. VISHNU SAHAI, J.:-The appellants aggrieved by the order dated 14-12-1987 passed by the IIIrd Additional Sessions Judge, Thane in Sessions Case No. 513 of 1986 convicting them under sections 147 I.P.C., 148 I.P.C. and 326 read with 149 I.P.C. and sentencing them to undergo a separate sentence of one years rigorous imprisonment under the first two counts and 4 years rigorous imprisonment and a fine of Rs. 300/- under the 3rd count, had come up in appeal before me. 2. 300/- under the 3rd count, had come up in appeal before me. 2. The prosecution case in brief is that on 27-6-1986, at about 5.30 p.m. all the appellants along with 15 to 20 absconding Adiwasis formed unlawful assembly in village Jawsai, Kathopada, Ambarnath, Taluka Ulhasnagar, District - Thane with the object of committing murders of the complainants Ramanand Ramkamalprasad Yadav, Jahir Abbas, Dineshsingh, Krishnalala and Sanjay Patil. It is alleged that all the appellants were armed with deadly sticks. It is said that sticks as a result of assault by the appellants Jagganath Narayan Nikam and Suresh Kamlu Mukane with sticks one Sanjay Patil was killed and Ramanand (P.W. 1), Jahir Abbas (not examined), and Dineshsingh (P.W. 2) sustained injuries. The allegation of the prosecution was that Krishnalal Bodraj Daharia was also injured but Dr. Sunilkumar Shivchandra Shastri (P.W. 5) who medically examined him, vide his injury certificate Exh. 29, found, no injury on his person. 3. The First Information Report in the instant case is alleged to have been lodged within 41/2 hours of the incident taking place i.e. at 10.45 p.m. on 27-6-1986. The aforesaid F.I.R. was recorded by P.W. 8 P.S.I. D.R. Gore of P.S. Ambernath. 4. The injuries of the victims were medically examined by Dr. Sunilkumar Shivchandra Shastri (P.W. 5) of Ulhasnagar Central Hospital. Doctor examined the informant Ramanand Ramkamal Prasad Yadav on 27-6-1986 at 7.45 p.m. and found on his person the following injuries: 1. C.L.W. over the scalp region over temporal parietal region on left side dimension 10 c.m. long 1 c.m. wide and bone deep. Margins were irregular, Bleeding, present. 2. C.L.W. over left side of forehead just in the hair line with the dimension of 2 c.m. x 1/2 c.m bone deep. Margins irregular. Bleeding present. 3. C.L.W. over the right cheek 3 c.m. length x 1 c.m. breadth sub-cutaneous tissue deep. Margin irregular bleeding present. 4. Contusion over right hypochondriac with the dimension of 10 c.m. x 4 c.m. clinically no evidence of fracture. 5. Bruise over the left medial aspect of hand 4 c.m. x 5 c.m. X-ray was taken for injury No. 5 bearing No. 2064 show fracture of styloid process of ulna bone. On the same day Dr. Sunilkumar (P.W. 5) examined the deceased Sanjay Kanha Patil and found on his person following injuries : 1. 5. Bruise over the left medial aspect of hand 4 c.m. x 5 c.m. X-ray was taken for injury No. 5 bearing No. 2064 show fracture of styloid process of ulna bone. On the same day Dr. Sunilkumar (P.W. 5) examined the deceased Sanjay Kanha Patil and found on his person following injuries : 1. C.L.W. over right side of temporal region transverse in direction 3 c.m. x 1/2 c.m. x bone deep with irregular margin and bleeding was present. 2. Haematoma encirculed in injury No. 1 of 5 c.m. diameter. 3. Haematoma over left temporal region 4 c.m. x 3 c.m. The same day at about 1.40 p.m. doctor examined Dineshsingh (P.W. 2) and found on his person the following injuries : 1. Haemotoma over the posterior 1/3 of left forearm at Upper 1/3 region 7 c.m. x 3 c.m. 2. Whip mark over the left supra scapular region 2 c.m. x. 10 c.m. 3. Whip mark over the left infra scapular region 2 c.m. x. 10 c.m. 4. Whip mark over the posterior aspect of right calf region 2 c.m. x. 5 c.m. 5. In the opinion of the doctor the injuries of all the aforesaid persons could be caused within 24 hours by hard and blunt object. 6. It is alleged that Sanjay Kanha Patil succumbed to his injuries on 2-7-1986 at 3.30 a.m. The autopsy of his dead body was conducted by Doctor Vyankateshwaran (P.W. 4). Doctor Vyankateshwaran found on the person of the deceased the following injuries : 1. Well sutured C.L.W. 3 c.m. long irregular on the right fronto-parietal region. 2 c.m. from mid-line. 2. Well sutured surgical wound on left frontoparietal region 15 c.m. long. 3. Old healed scar on left thigh anteriorly and midially, oblique suggesting healed incised wound. All external orifices normal. According to Dr. Vyankateshwaran, the deceased died on account of traumatic fracture of skull, cerebral laceration and severe cerebral cedema. The doctor also stated in his cross-examination that there was only one external injury on the person of the deceased. 7. The investigation of the case was conducted by P.S.I. Dilip Ramchandra Gore (P.W. 8), Shivaji Bapurao Shinde (P.W. 9) and P.I. Raja Shivram Gaikwad (P.W. 10). After completing the investigation, the charge-sheet was submitted in the instant case. 8. The doctor also stated in his cross-examination that there was only one external injury on the person of the deceased. 7. The investigation of the case was conducted by P.S.I. Dilip Ramchandra Gore (P.W. 8), Shivaji Bapurao Shinde (P.W. 9) and P.I. Raja Shivram Gaikwad (P.W. 10). After completing the investigation, the charge-sheet was submitted in the instant case. 8. In due course, the case of the appellants was committed to the Court of Sessions and charges under sections 147 I.P.C., 148 I.P.C. and 307 read with 149, 302 read with section 49 I.P.C., 302 read with 34 I.P.C. and 307 read with 34 I.P.C. were framed against the appellants to which they pleaded not guilty and claimed to be tried. During trial, in all, prosecution examined as many as 10 witnesses. It also tendered and proved various exhibits. The learned trial Judge acquitted the appellants for offences punishable under sections 302 read with 149 I.P.C., 302 read with 34 I.P.C., 307 read with 149 I.P.C. and 307 read with 34 I.P.C. It, however, convicted and sentenced them under sections 147, 148 and 326 read with 149 I.P.C. 9. I have heard Mr. P.P. Hudlikar for the appellants and Mrs. Randive learned Additional Public Prosecutor for the State of Maharashtra at considerable length. I have perused the depositions of the witnesses recorded by the trial Court, various exhibits tendered and proved by the prosecution during trial and the impugned judgement. After giving my anxious consideration to the matter, I am of the opinion that, on merits, this appeal has no force and should be dismissed. 10. In the instant case out of 3 injured witnesses, two, namely, Ramanand Ramkamal Prasad Yadav (P.W. 1) and Dineshsingh Jaysingh Rajput (P.W. 2) have been examined by the prosecution. I have gone through their depositions and find them to be in consonanee with the probabilities and medical evidence. Both the injured witnesses deposed to the assault by blunt weapons as is the prosecution case. As mentioned above, corresponding injuries were found on their person as well as on Sanjay Kanha Patil and Jahir Abbas. Assurance is lent to the statements of these two witnesses by a prompt F.I.R. which has been lodged within 41/2 hours of the incident taking place. As mentioned above, corresponding injuries were found on their person as well as on Sanjay Kanha Patil and Jahir Abbas. Assurance is lent to the statements of these two witnesses by a prompt F.I.R. which has been lodged within 41/2 hours of the incident taking place. Criminal Courts attach great importance to the lodging of a prompt F.I.R. because the same greatly diminishes the chances of false implication of accused persons as well as that of the informant being tutored. In my opinion, the conviction of the appellants is based on good evidence and cannot be faulted with and on merits this appeal should be dismissed. 11. Mr. Hudlikar learned Counsel for the appellants made 3 submissions before me. His first submission was that the appellants Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe have not been assigned the role of assaulting the victims and consequently they should be acquitted. I regret that I cannot accede to his contention because once it is held that there was an unlawful assembly then each and every member of that unlawful assembly who acts in the prosecution of its common object is equally liable. Inasmuch as the aforesaid appellants acted in the prosecution of the common object of the unlawful assembly they were equally liable. I do not find any merit in the aforesaid contention of Mr. Hudlikar. 12. The second contention of Mr. Hudlikar is that at any rate the conviction of the appellants under section 326 read with section 149 I.P.C. is legally unsustainable. I find considerable merit in this submission. Section 326 I.P.C. reads thus : "326. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire of any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with (imprisonment for life), or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine". The analysis of this section would show that a person who causes grievous hurt by means of any instrument for shooting, stabbing or cutting or any instrument, which used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be liable to be punished under this section. In my opinion, in the instant case, there is no evidence to indicate that the appellants are guilty of the offence punishable under section 326/149 I.P.C. In my view, the only possible ground for bringing the act of the appellants within the ambit of this section can be that sticks would fall within the expression "any instrument which, used as a weapon of offence, is likely to cause death". Mere use of sticks, in my opinion, would not satisfy the aforesaid requirements. In my view, some evidence should have been adduced that the sticks were of a lethal type and something like a sharp blade or a sharp point etc. was attached to them. In the absence of such evidence forthcoming from the side of the prosecution on the solitary ground that the sticks used in the instant case were about 5 inches in length, it cannot be said that they would fall within the ambit of "any instrument which, used as a weapon of offence, is likely to cause death". In my view, the conviction of the appellants under section 326/149 I.P.C. is unsustainable in law and the proper section to convict the appellants would be section 325/149 I.P.C. As the offence under section 325 read with 149 I.P.C. is a minor offence in relation to the offence under section 326/149 I.P.C. I acquit the appellants under section 326 read with 149 I.P.C. and set aside their sentence on that count. Instead, I convict them under section 325 read with 149 I.P.C. Hence, this second submission of Mr. Hudlikar succeeds. 13. The 3rd submission of Mr. Hudlikar is that at any rate the instant is not one of those cases in which a jail sentence should be awarded to the appellants. Instead, I convict them under section 325 read with 149 I.P.C. Hence, this second submission of Mr. Hudlikar succeeds. 13. The 3rd submission of Mr. Hudlikar is that at any rate the instant is not one of those cases in which a jail sentence should be awarded to the appellants. Again, I find merit in this contention for the following reasons : (a) the incident took place on 27-6-1986 i.e. more than 8 years age; (b) 3 of the appellants, namely, Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe were aged about 21 years, 19 years and 19 years respectively at the time of the incident; (c) Janardan Narayan Nikam, Ramesh Narayan Nikam and Lalu Baban Waghe have not been assigned the part of actual assault with sticks; (d) it is not known as to who amongst the appellants were responsible for the two grievious injuries found in the instant case; and (e) there is nothing to indicate that any of the appellants have any criminal history. In my opinion the ends of justice would be met if the jail sentence of the appellants on various counts (147 I.P.C., 148 I.P.C. and 325/149 I.P.C.) is reduced to the period already undergone by them and in lieu of remaining period they are directed to pay a fine in the manner stated below : Appellants Jagannath Narayan Nikam and Suresh Kamlu Mukane should each pay a fine of Rs. 4,000/-. The remaining 3 appellants namely Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe should each pay a fine of Rs. 1,500/-. This fine shall be deposited within a period of 4 months from today in the trial Court. In the event of the appellants depositing the fine, their bail bonds will stand cancelled and sureties discharged. In case the appellants Jagannath Narayan Nikam and Suresh Kamlu Mukane do not pay the aforesaid fine, they would undergo a sentence of two years R.I. In case appellants Janardan Narayan Nikam, Ramesh Narayan Nikam and Lahu Baban Waghe do not pay the aforesaid fine, they will undergo a sentence of one year R.I. Out of the fine realised, Rs. 5,000/- would go to the heirs of the deceased Sanjay Kanha Patil and Rs. 5,000/- would go to the heirs of the deceased Sanjay Kanha Patil and Rs. 2,500/- would go to each of the 3 victims, namely, P.W. 1 Ramanand Ramkaval Prasad Yadav, P.W. 2 Dineshsingh Jaisingh Rajput and Zahir Ahmed Siddiki (not examined) as compensation. In case if any of the aforesaid persons are dead, then the amount awarded to them would go to their legal heirs. The trial Court would intimate the aforesaid victims and the legal heirs of the deceased Sanjay Kanha Patil regarding this compensation which is being awarded to them. 13. With the aforesaid modification in the conviction and sentences of the appellants, this appeal stands dismissed. Appeal dismissed. *****