JUDGMENT 1. - This is an appeal by the accused being aggrieved by the order of conviction recorded by the learned Sessions Judge, Pratapgarh on 28.1.1984 in Sessions Case No. 96/80 convicting the accused under sections 325/149 & 147 of the IPC. The learned counsel Shri N.P. Gupta appearing on behalf of the appellants and the learned Public Prosecutor took me through the records of the case and I have re-appreciated the evidence. After considering the entire evidence on record, I am of the view that the appellant undoubtedly is guilty of assault. Shri N.P. Gupta, the learned counsel for the appellant was also very fair and submitted that he may not be in a position to genuinely challenge the finding of guilt. He however, contends that from perusal of the evidence on record as has re-appreciated by me, it will be obvious that the appellant is not a person of criminal tendency and habits, there is no likelihood of his repeating the offence. He is on bail for last 18 years and there is no adverse report regarding his conduct known to the police. In such circumstances, interest of justice would be met if the punishment as ordered by the learned trial Judge is reduced to already undergone. 2. In my opinion, the submission of Mr. Gupta is very fair and proper, it would be harsh and unjust to put the appellant back in jail to undergo remaining sentence after 18 years have passed, he was already in jail for three months. Repercussion of his being put back into jail after 18 years may be more sever as would not have the desire result of the corrective punishment. 3. In the result, the appeal succeeds partly and is partly allowed. The sentence is reduced to that of three months which the appellant has already undergone. The bail bonds are cancelled.Appeal partly allowed. *******