JUDGMENT This appeal shall also govern the judgment in Criminal Appeal No. 148 of 1993. Appellants stand convicted for offence under section 324 of Indian Penal Code and sentenced 1 year R.I. under section 326 of Indian Penal Code and sentenced 2 years R.I. with fine of Rs. 500/- and under section 307 of Indian Penal Code sentenced 4 years R.I. with fine of Rs. 1,000/-. Counsel for appellants submits that offence under section 307 of Indian Penal Code is not made out as there was no intention on the part of appel1ants to cause death. Though there were injuries on the head of Kalawati PW 1 but X-ray report was not filed to prove that injury was dangerous to life. Counsel also submitted that appellant Lakhan Giri had also suffered injury and cross case is being going on. We have perused the medical report and deposition of doctor PW 12. Considering the facts and circumstances of the case and the nature of injury to Kalawati and failure on the part of prosecution to prove X-ray report, it will not be safe to maintain conviction of appel1ant under section 307 of Indian Penal Code. However, from the record, it appears that both the parties indulged in free fight and both the sides have received injuries. In the free fight, the appellants had taken active role in assaulting the family members of the complainant. They caused hurt by dangerous weapons. The trial Court convicted the appel1ants under section 324 of Indian Panel Code and sentenced them to 1 year RI They were convicted under section 326 of Indian Penal Code and sentenced to two years RI with fine of Rs. 500 each and under section 307 of Indian Penal Code for four years RI and fine of Rs. 1,000/-. As discussed above, the conviction of appellants under section 307 of Indian Penal Code is set-aside. However, their conviction under section 324 and 326 of Indian Penal Code is maintained. Since appellnts are enjoying bail from 1993 and the incident is of the year 1986, it wil1 not be proper to send appellants to jail. In these circumstances, the sentence is modified to the sentence already undergone. However, fine of Rs. 500/- for conviction under section 326 of Indian Penal Code is enhanced to Rs. 2,000/-. An amount of Rs.
Since appellnts are enjoying bail from 1993 and the incident is of the year 1986, it wil1 not be proper to send appellants to jail. In these circumstances, the sentence is modified to the sentence already undergone. However, fine of Rs. 500/- for conviction under section 326 of Indian Penal Code is enhanced to Rs. 2,000/-. An amount of Rs. 1,500/- each has already been deposited by the appel1ants, shall be adjusted toward this fine. Remaining amount shall be deposited by the each appel1ant within a period of one month. On failure to deposit the fine, they shall be required to undergo sentence of three months RI out of the fine so deposited, amount of Rs. 2,000/- shall be paid to Kalawati as compensation. In the result, appeal succeeds in part. Bail bonds and sureties shall stand discharged on deposit of fine.