JUDGMENT 1. -Bhanwerlal and Jagannath have challenged their conviction under sections 325, 323 & 341 IPC recorded by the learned Sessions Judge, Pratapgarh vide judgment dated 5.5.1981. They have been sentenced to undergo two years R.I., pay a fine of Rs. 100/- in default one month S.I. under section 325 IPC, six months R.I. under section 323 IPC and a fine of Rs. 100/- under section 341 IPC. 2. The case relates to an occurrence which took place on 15.10.1974 in village Bohera. The FIR of the occurrence was lodged at 10.30 p.m. on the same day by Jamnalal, injured in which he had alleged that four persons Gopal, Bhanwerlal, Jagannath and Babru had given beating to him, his wife Kesarbai and his son Shivnarayan by 'Kulhari' and 'lathis'. On this report a case under section 307 IPC was registered. After completion of the investigation, the police submitted challan. The learned Sessions Judge framed charges under sections 307/34, 325/34 & Section 323 & 341 IPC. They pleaded not guilty. The prosecution examined 14 witnesses. Out of them PW 1 Jamnalal, PW 2 Kesar Bai and PW 3 Shivnarayan are injured persons. PW 2 Shivnarayan & PW 4 Parasram have been examined as eye-witnesses. PW 5 Bhagwati, PW 16 Shankerlal and PW 11 Kishanlal and PW 12 Prabhu are the persons who reached the place of occurrence immediately after they came to know about it. PW 9 Dr. Damodar Parikh had examined the injuries of Jamnalal, Kesarbai and Shivnarayan on 16.10.1979 and prepared the injury reports. PW 8 Dr. Rameshwar Bhatt had conducted skiagram of the injuries of Jamnalal and Kesar Bai. The other witnesses are either motbirs or the police officers who took part in the investigation. Accused in their statements under section 313 Cr.P.C. denied accusation. They examined Chunnilal in defence. 3. The learned Sessions Judge held that accused Babru and Gopal had not taken part in the occurrence. He, therefore, acquitted them of all the offence charged with. He further held that offence u /ss. 325, 323 & 341 are proved against accused Jagannath and Bhanwarlal. Therefore, he convicted and sentenced them as above. 4. Mr. 3. The learned Sessions Judge held that accused Babru and Gopal had not taken part in the occurrence. He, therefore, acquitted them of all the offence charged with. He further held that offence u /ss. 325, 323 & 341 are proved against accused Jagannath and Bhanwarlal. Therefore, he convicted and sentenced them as above. 4. Mr. Mathur has not seriously contested the finding of the trial Court that both these accused had caused injuries to Jamnalal, Kesar Bai and Shivnarayan and that three injuries of Jamnalal on right alna, left humerus and chest were of grievous nature and that one injury on left hand of Kesar was also of grievous nature. His submission was that the occurrence had taken place in the year 1980 and more than 17 years have elapsed and, therefore, the appellants may not be sent to prison again. According to him the period already undergone by the appellants should be considered sufficient in the facts and circumstances of the case. 5. Learned Public Prosecutor tried to support the judgment of the trial Court. 6. I have carefully gone through the evidence produced in the case. Jamnalal, PW 1 Shivnarayan, PW 2 and Kesar Bai PW 3 all have deposed that the accused had inflicted injuries to them. According to them Bhanwarlal had a lathi, and Jagannath had a 'Kuihari' and the 'Kulhari' was used from its reverse side. There is no reason to disbelieve the statements of three injured persons. This evidence is supported by the statement of Parasram, PW 4 who happens to be the son of Jagannath who was also present at the spot. Shankerlal, PW 10 has also deposed that he had seen both the accused having weapons in their hands and at that time Jamnalal, Shivnarayan and Kesar were lying injured condition. There are other witnesses who had also seen the accused going from the place of occurrence having weapons in their hands. By the evidence of prosecution witness, it is amply proved that the two accused had given beatings to Jamnalal, Kesarbai and Shivnarayan and Jamnalal and Kesarbai had sustained grievous hurts. Thus, both the appellants have rightly been held guilty under sections 325, 323 & 341 IPC. 7. Coming to the quantum of sentence, it is to be noticed that the occurrence had taken place in the year 1979. The appellants have already remained in custody for about 15 days. Thus, both the appellants have rightly been held guilty under sections 325, 323 & 341 IPC. 7. Coming to the quantum of sentence, it is to be noticed that the occurrence had taken place in the year 1979. The appellants have already remained in custody for about 15 days. Taking all the facts and circumstances into consideration, I think that the ends of justice will be met if the appellants are sentenced to the period already undergone, and pay a fine of Rs. 2,000/- under section 325 IPC, and a fine of Rs. 250 / - each under sections 323 & 341 IPC. 8. Consequently, the appeal is partly allowed. The conviction of the accused-appellants Bhanwarlal and Jagganath under sections 325, 323 & 341 IPC is maintained. Each of them is sentenced for the offence under section 325 IPC to the period already undergone by them and pay a fine of Rs. 2,000 / - in default 3 months' RI They are sentenced to pay a fine of Rs. 500/- each (Rs. 250/- under each count) under section 323 & 341 IPC failing which each of them shall undergo seven days S.I. under each of the two counts. Appellants are given four weeks time to deposit the fine of Rs. 2,500 / - each in the trial Court. Out of the fine Rs. 4,000/- shall be paid to Jamnalal and Rs. 1,000 /- to Kesarbai as compensation.Appeal partly allowed. *******