JUDGEMENT - VISHNU SAHAI, J. :---Rule returnable forthwith by consent. The A.P.P. waives service. 2. Through this Criminal revision, the applicants impugn the judgment and order dated 20-10-1995 passed by the Sessions Judge, District Thane, in Criminal Appeal No. 48/93 maintaining the judgment and order dated 17-3-1993 passed by 5th Assistant Sessions Judge, Thane, in Session Case No. 98/91, convicting and sentencing each one of them to undergo seven years RI and to pay a fine of Rs. 500/- i/d to suffer three months RI, under section 307 r/w 34 I.P.C.. 3. The concurrent finding of the courts below is that the victim Nisar P.W. 1 at the time of the incident, was residing in "Masoom Bibi Chawl". The three applicants are very closely related in as much as the applicant Ismail Latif Shaikh is the father of other two applicants. On 13-6-1990 at about 9.30 p.m., the applicants came in front of the house of Nisar and started abusing him. Thereafter, applicant Karim Ismail Shaikh caught hold of Nisar and on the instigation of applicant Ismail Latif Shaikh, to assault Nisar with a knife, applicant Rehman Ismail Shaikh (Rahim) inflicted a knife blow on the abdomen of Nisar. On sustaining the aforesaid blow, Nisar fell down on the ground. Blood started profusely oozing out from his injuries. Applicant Karim Ismail Shaikh and Rehman Ismail Shaikh were apprehended on the spot by persons who had gathered there and taken to police station. The motive for the assault alleged by the prosecution is that two days earlier i.e. on 11-6-1990, applicant Karim Ismail Shaikh had extended a threat to Nisar's brother that he would assault him with a gupti. 4. After the incident, Nisar was first taken by his parents to police station Virar but the concerned officer referred him to Municipal Hospital, Virar (West) for treatment. There first aid was given to him and he was referred to Sanjeevani Hospital for further treatment. At Sanjeevani Hospital, on the basis of the statement made by Nisar, police recorded the F.I.R. Since blood was constantly oozing out from the injuries of Nisar and immediate surgery was needed, he was referred to Bhagwati Hospital at Borivali. In the aforesaid hospital, he was treated till he finally recovered. 5. The medical evidence indicates that Nisar had sustained one stab injury in the epigastric region 2" x 1½" which extended to peritoneum. In the aforesaid hospital, he was treated till he finally recovered. 5. The medical evidence indicates that Nisar had sustained one stab injury in the epigastric region 2" x 1½" which extended to peritoneum. It also revealed three perforations on the anterior surface of the stomach region. Medical evidence also revealed that the aforesaid injury sustained by Nisar was grievous and sufficient in the ordinary course of nature to cause death. 6. After the usual investigation, the applicants were charge-sheeted for an offence under section 307 r/w 34 I.P.C. The case was committed to the Court of Sessions in the usual manner, where after a full fledged trial, the applicants were convicted and sentenced in the manner stated above. Hence, this revision. 7. I have heard Mr. S.R. Chitnis for the applicants and Mr. D.T. Palekar, A.P.P. for the State of Maharashtra. I have also gone through the impugned judgments. From a perusal of the impugned judgments, I find that the conviction of the applicants is based on cogent and unimpeachable ocular account. That has been furnished by a large number of eye witnesses namely Nisar, Mohammed Isaq, Raees Ahmed, Suraiyabai and Shereunissar, P.Ws. 1, 2, 3, 5 and 8 respectively. That ocular account which is to the effect that applicant Karim Ismail Shaikh caught hold of Nisar and thereafter on the instigation of applicant Ismail Latif Shaikh, to assault Nisar with a knife, applicant Rehman Ismail Shaikh (Rahim) assaulted Nisar with a knife is corroborated by the medical evidence and other circumstantial evidence. As mentioned above, the medical evidence reveals that Nisar had sustained a stab wound on his abdomen region. That injury was attributable to a knife. 8. Further, participation of applicant Karim Ismail Shaikh and Rehman Ismail Shaikh (Rahim) is also clinched by the fact that they were apprehended on the spot. There is some other evidence, like that of recovery of blood-stained clothes etc. from the applicants which also clinches their participation in the incident. 9. It is well settled that sitting in its revisional jurisdiction, this Court does not act as a third Court of fact. It only interferes on questions of fact if appraisement of evidence is manifestly perverse. In the instant case, I cannot categorise it as such. 10. Mr. from the applicants which also clinches their participation in the incident. 9. It is well settled that sitting in its revisional jurisdiction, this Court does not act as a third Court of fact. It only interferes on questions of fact if appraisement of evidence is manifestly perverse. In the instant case, I cannot categorise it as such. 10. Mr. Chitnis, learned Counsel for the applicants vehemently contended that the courts below were in error in convicting the applicants under section 307 r/w 34 I.P.C. He urged that the courts below erred in holding that the stab injury sustained by the victim was sufficient in the ordinary course of nature to cause death. I regret that I cannot accede to this submission. In the instant case, the prosecution examined Dr. Ajit Maruti Pawar P.W. 11 who at the time of the incident was attached as Registrar in General Surgery in Bhagwati Hospital, Borivali. He deposed that he had examined the victim Nisar and found that the latter had sustained a stab wound over abdomen, above the umbilicals in the epigastric region, which was of the dimensions of 2" X 1½" going deep into the peritoneum. He also found two perforations on the surface of gall bladder. On this data, he opined that the injury was grievous and sufficient in the ordinary course of nature to cause death, unless operated upon. His cross-examination was declined by the Counsel for applicants. In such a situation, bearing in mind that the victim was hospitalised for over four months I have not even an iota of doubt that the aforesaid injury was sufficient for causing death in the ordinary course of nature. Accordingly, I reject the aforesaid contention of Mr. Chitnis. 11. After giving my anxious consideration to the matter in its entirety, I am of the definite opinion that the conviction of the applicants under section 307 r/w 34 I.P.C. is based on cogent and unimpeachable evidence. On merits, I do not find any substance in this revision. 12. The only question which survives is that pertaining to the quantum of sentence. Mr. On merits, I do not find any substance in this revision. 12. The only question which survives is that pertaining to the quantum of sentence. Mr. Chitnis learned Counsel for the applicants urged that bearing in mind that the incident is nearly six years old; that the applicants do not have any criminal history; that applicant Karim Shaikh and Ismail Shaikh merely caught hold and instigated respectively and applicant Rehman Shaikh (Rahim) only inflicted a solitary knife blow on the victim, the sentence awarded to the applicants appears to be unduly excessive. He also urged that the applicants would not consider it to be enhancement of their sentence if their jail sentence is reduced and in lieu of the same, a substantial amount of fine is imposed. Mr. Palekar learned A.P.P. on the otherhand urged that looking to the calculated manner in which the victim was attacked by the three applicants, in furtherance of their common intention, it is not a fit case for reducing their sentence. After giving my anxious consideration to this aspect of the matter, I am of the view that it would be expedient in the ends of justice if the jail sentence of the applicants is reduced and in lieu of it a substantial fine is imposed on each of the applicants (more on applicant Rehman Ismail Shaikh (Rahim) because he inflicted the injury on the victim which proved to be nearly fatal) and the whole of it, along with the fine imposed by the trial Court, is directed to be paid as compensation to the victim Nisar P.W. 1. As I see it, it would hardly be any consolation to the victim that the applicants are serving seven years R.I. each. On the other hand, a respectable compensation would certainly cover a part of the expenses at least, incurred by the victim in his treatment and also help in his economic rehabilitation. 13. Keeping the circumstances mentioned in the preceding paragraph in mind, in my view, the ends of justice would be squarely satisfied if the jail sentence of each of the three applicants is reduced from a period of seven years RI to three years RI and in lieu of the remaining portion of the jail sentence, applicant Rehman Ismail Shaikh (Rahim) is directed to pay a fine of Rs. 40,000/- (Forty thousand) and applicants Karim Ismail Shaikh and Ismail Latif Shaikh are directed to pay a fine of Rs. 10,000/- each (Ten thousand). The fine of Rs. 500/- imposed on each of the three applicants by the trial Court and the sentence in its default is maintained. The fine would be paid by each of the applicants in the trial Court within a period of four months from today failing which, they would serve their jail sentence of seven years R.I. each under section 307 r/w 34 I.P.C. In case the fine is realised, the whole of it i.e. Rs. 61, 500/- (sixty one thousand five hundred) would be awarded as compensation to P.W. 1 Nisar and in case he is no more, to his legal heirs. The trial Court would inform Nisar/his legal heirs, as the case may be, about this compensation. I am informed that the applicants are in jail. They shall be released there from only after they serve out their sentences. 14. Thus, this revision is partly allowed and partly dismissed. The impugned judgments are modified in the manner mentioned in the preceding paragraph. Rule stands disposed off in the aforesaid manner. In case an application for certified copy of this judgment is made by the Counsel for the parties, it shall be issued to them on an expedited basis. Revision partly allowed.