JUDGMENT 1. - This is an appeal by the appellants because they were convicted under Section 323 IPC and sentenced to 4 months RI and a fine of Rs.100/- each by the learned Sessions Judge, Tonk on 30.3.83. 2. I have heard the learned counsel for the appellants as well as learned Public Prosecutor. 3. Briefly, on 29.12.81 Ramdhan lodged a report at Police Station Lamba Hari Singh that the appellants alongwith certain other persons gave beatings to him. It were Uda, Arjun, Gopal and Gopi who intervened. On earlier occasion they had given beatings. A case under Section 308, 347, 504 and 323 IPC was registered and after investigation challan was submitted and in due course the case was committed to the Sessions Judge where the appellants and others faced trial. Ultimately it were the appellants who were convicted and sentenced as stated above. 4. Learned counsel for the appellants submitted that he does not want to argue the matter on merits. He is right because after having gone through the evidence on record, I am of the view that the appellants have been rightly convicted for offence under Section 323 IPC. 5. Learned counsel for the appellants has argued only with regard to the sentence. He has submitted that sword of Democles has been hanging over the head of the appellants since 1985 and that all these years they have undergone mental as well as economic strain and, therefore, they may be given the benefit of Probation of Offenders Act. He has also contended that the complainant and the appellants are in relation and they want to keep peace in the family. 6. Learned Public Prosecutor has left the discretion to be used by the Court. 7. Looking to all the facts and circumstances of the case, I am of the view that the appellants should be given the benefit of Section 4 of Probation of Offenders Act. 8. Consequently, the appeal is partly allowed. While maintaining conviction of the appellants under Section 323 IPC it is ordered that in case each of the appellants furnishes a personal bond of Rs.5,000/- and a surety of the like amount to the satisfaction of learned Sessions Judge, Tonk to appear before him within a period of one year to undergo the sentence and be of a good behaviour and to keep peace, they shall be released on probation. Two months time is granted to submit the bail bonds before the learned Sessions Judge.> Appeal partly allowed. *******