JUDGMENT 1. - The appellant State has filed this appeal against the judgment dated 30.6.1983 of the learned Sessions Judge, Balotra whereby he acquitted all the accused respondents of the offences u /ss. 307, 341 & 323 IPC. 2. I have heard the learned Public Prosecutor for the State and the learned counsel for the accused-respondents. 3. It may be stated that during the pendency of the appeal the accused-respondent Bher Singh died. The appeal, therefore, stands abated against him. 4. I have also scanned the prosecution evidence. The learned Sessions Judge discussed the prosecution evidence in detail. From the medical evidence he concluded that the prosecution did not produce the person who put the X-ray plates. None was also examined to prove the X-ray plates. Thus Ex. P/13 has not been proved as to before whom the same was taken. He, therefore, concluded that prosecution has failed to prove that the injury sustained by Simartha PW 5 were grievous in nature. After appreciating the evidence, the learned Sessions Judge discarded the testimony of Simartha, his wife Panna and other witnesses on account of material discrepancies, omissions and contradictions. The finding of the learned Sessions Judge that no offence under section 307 IPC is made out because the prosecution has failed to prove that the injured Simartha sustained any grievous injury cannot be assailed. The learned Sessions Judge has rightly stated that prosecution has failed to produce any evidence or witness to prove the X-ray plates according to which some of the injuries were grievous. When the offence under section 325 IPC is not proved, the offence under section 307 IPC, in the facts and circumstances of the case, cannot be made out. As regards the injury sustained by Simartha, I do not agree with the conclusion of the learned Sessions Judge. I have gone through the statements of Simartha PW 5 and his wife Panni PW 6. They have stated that the first blow was caused by deceased accused Bher Singh and then the other two accused started showering blows with lathies. When beating was administered in such a manner, it is not possible for the injured to individualise the blow dealt by each accused. Hence for this reason the statements of these two witnesses cannot be doubted. When beating was administered in such a manner, it is not possible for the injured to individualise the blow dealt by each accused. Hence for this reason the statements of these two witnesses cannot be doubted. Although there are certain contradictions and omissions in their statements but the fact remains that they are consistent as regards their statement that both the accused-respondents caused injuries to Simartha by lathies. Their statements stand corroborated by the medical evidence. 1, therefore, hold that the offence under section 323 IPC is proved against the accused-respondent Jugat Singh and Bhoor Singh. 5. For the above reasons, I accept the appeal in part. The acquittal of the accused-respondents under section 323 IPC is set aside. Both the accused-respondents are convicted for the offence under section 323 IPC. Regarding the sentence it may be stated that the occurrence took place on 9.10.1980 and more than 17 years have been lapsed. The accused have faced protracted trial and must have suffered mental agony and financial difficulties. After such a long period it will not be in the interest of justice to award sentence of imprisonment. Having regard to the circumstances of the case including the nature of the offence and the character of the offenders, I think it expedient to release the accused on probation of good conduct and instead of sentencing them, I direct that they be released on their entering into a bond without surety in the sum of Rs. 2,500/- to appear and receive sentence whenever called upon during one year and in the meantime to keep peace and be of good behavior. I further order that the each accused-respondent shall pay compensation in the sum of Rs. 1,500 / - each to injured Simartha S/o Shri Apuram Bhil R/o Sanau, Tehsil Chauhtan, Distt. Barmer. The compensation may be paid within three months from today.Appeal partly allowed. *******