JUDGMENT This Judgment shall govern the disposal of Criminal Appeal 133/93 and 143/93. Criminal Appeal No. 133/93 has been preferred by appellants Sobaran Singh and Dhani Ram, whereas, appellant Nathuram has preferred the appeal, bearing No. 143/93, from Jail. Out of the appellants, appellant Nathuram has been convicted for an offence under section 307, IPC whereas, the other two appellants Sobaran Singh and Dhani Ram are convicted under section 307/34, IPC. All the appellants were sentenced to suffer imprisonment for five years. According to the prosecution version, on 10.9.1990, while injured Bhagvan Singh (PW 2) was going towards Forest Nursery for fetching fodder for his buffalo, he was called by appellant Nathuram, who caught hold of Bhagwan Singh by his both hands. In the nearby field, appellants Sobaran Singh, Dhani Ram and the acquitted accused Kebli were hiding themselves. Acquitted co-accused Kebli was stated to have asked to assault Bhagwan Singh in such a manner so that there was no bleeding, but he should remember the assault throughout his life. Thereupon, according to the prosecution story, the appellants assaulted Bhagwan Singh. The allegation was also against the acquitted co-accused Kebli of assaulting Bhagwan Singh, but the learned trial Court from the prosecution evidence found that the allegation against Kebli was not proved, as such, he was acquitted of the charge, whereas, the present appellants were convicted and sentenced as stated hereinabove. Injured Bhagwan Singh was examined medically and he was advised for X-ray in order to ascertain the nature of injuries suffered by the injured on his head near the eye and on his left leg. There is nothing on record to show that the injured had suffered any fracture or any grievous injury. Before the trial Court Dr. R.K. Tiwari (PW 9) had stated that on medical examination, he found only two injuries on the person of the injured, i.e., the injury on his left eye, the colour of which had turned black and the other injury was a bruise on the left thigh. The doctor could not say anything about the nature of injuries since the patient was referred by him for X-ray in order to ascertain the nature of the injuries. The doctor could not say anything about the nature of injuries since the patient was referred by him for X-ray in order to ascertain the nature of the injuries. As the prosecution has not been able to prove whether the X-ray examination was at all done and if injured was X-rayed, any fracture was found, in the circumstances, the injuries, proved on the person of the injured, remained simple. Therefore, the learned trial Court committed a mistake in convicting the accused-appellants for the offences under sections 307 and 307/34, IPC. From the prosecution evidence as well, it cannot be gathered that the accused appellants had at all intended to cause death of the injured or to cause any such serious or grievous injury, which may endanger his life. From the prosecution version itself, the allegation against the acquitted co-accused Kebli was that he had asked the accused persons to assault Bhagwan Singh in such a manner that there was no bleeding and the injured may remember the assault throughout his life. In the above facts and circumstances, in the view of this Court, no offence under sections 307 and 307/34, IPC is made out. However, considering the prosecution evidence, which has only proved that the accused appellants had assaulted the injured resulting in simple injuries, the appellants are liable to be convicted for the offence punishable under section 323 IPC. On the foregoing discussion, while acquitting the accused appellants of the charges under sections 307 and 307/34, IPC, appellant Nathuram is convicted for the offence under section 323, IPC and other appellants Sobaran Singh and Dhani Ram for the offence under section 323/34 IPC. The appellants are sentenced to the period already undergone by them with a fine of Rs. 500/- each; or in default to undergo the sentence of imprisonment for a period of two months. The appellants arc on bail. After they deposit the amount of fine of Rs. 500/- each, they shall stand acquitted and their personal bonds and bail bonds shall stand discharged. If the amount of fines is not deposited within a period of one month, the learned Chief Judicial Magistrate, Bhind, shall take the accused appellants in custody and commit them to jail for undergoing the remaining part of the sentences. Ordered accordingly.