JUDGMENT 1. - The appellants have filed this appeal under section 374 Cr.P.C. against the judgment of the learned Additional Sessions Judge, No. 2, Jodhpur in Sessions Case No. 60/80 whereby the learned Sessions Judge convicted the accused-appellants as fol-lows 2. Appellant Mohanlal was convicted under section 326 IPC and all other appellants convicted under section 326 r/w Section 149 IPC and sentenced to 3 years' rigorous imprisonment and a fine of Rs. 200/- each or in default to undergo 2 months' rigorous imprisonment. 3. Each appellant convicted under section 148 IPC and sentenced to 6 months' rigorous imprisonment. 4. Each appellant convicted under section 324 IPC r/w Section 149 IPC and sentenced to 1 year's rigorous imprisonment. 5. Each appellant convicted under section 323 IPC r/w Section 149 IPC and sentenced to 3 months rigorous imprisonment. 6. All the substantive sentences were ordered to run concurrently. 7. During the pendency of the appeal, four appellants, namely, Lun Karan, Amar Chand, Deep Chand and Net Ram have died and this fact has been verified and endorsement to this effect has been made on the memo of appeal. 8. I have heard learned counsel for the appellants and the learned Public Prosecutor for the State. 9. The sole argument of the learned counsel for the appellant is that no offence under section 326 IPC is made out in respect of the injuries caused to Ramchandra injured. He invited my attention to the injury report Ex. P/3 according to which injury No. 3 is an incised wound 1.5 cm. X 1.5 cm. bone deep on the web of index finger and thumb of left hand at base of proximal phalanx of index finger with ill defined swelling. On radiological examination held on 16.8.1980 no bony injury was found as is apparent from the report of the radiologist Ex. P/8. However, after two days another X-ray examination has done and vide X-ray report Ex. P/9 the radiologist found evidence of fracture of proximal phalanx of left index finger. Learned counsel has submitted that according to the nature of injury which is on the web of index finger and the thumb, it is not possible that the above fracture could be caused. The possibility cannot be ruled out after radiological examination done on 16.8.1980 the injured could have sustained fracture which could have been revealed by another radiological examination on 18.8.1980. The possibility cannot be ruled out after radiological examination done on 16.8.1980 the injured could have sustained fracture which could have been revealed by another radiological examination on 18.8.1980. Hence no offence under section 326 IPC was proved against any of the appellants. 10. Learned Public Prosecutor for the State has supported the finding of the learned Sessions Judge. 11. I have considered the matter. From the arguments of the learned counsel for the appellants it is clear that when radiological examination of injury No. 3 of Ramchandra was made on 16.8.1980 no bony injury was detected. It may be remarked that if there would have been a fracture, same could not have been escaped when radiological examination was done on 16.8.1980. The possibility cannot be ruled out that injured could have sustained fracture in between 16.8.1980 and 18.8.1980. Hence cannot be said that the prosecution has proved the offence under section 326 IPC against any of the accused-appellants. 12. I, therefore, acquit all the accused-appellants of the offence under section 326 IPC. 13. Learned counsel for the appellants has submitted that the parties have made a compromise and the same was produced in the Court. 7 accused-appellants have signed the above compromise-deed but all the injured-complainants namely, Ramchandra, Pukhraj, Bhanwarlal and Satyanarain have signed the compromise-deed along with their counsel Shri Murlidhar Boob. I accept the above compromise. Since the parties have amicably settled their dispute, I accord permission to the parties to compound the offence under section 325 IPC. 14. For the above reasons all the accused-appellants are acquitted for the offence under section 326 IPC and all other offences as per compromise made between the parties. The accused appellants are on bail and their bail bonds are hereby cancelled.Appeal allowed. *******