JUDGMENT 1. - This appeal is directed against the judgment dated 20.9.1982 passed by the learned Sessions Judge, Churu convicting the appellants of offence under Section 325/149 IPC and sentencing each of the appellant to 2 years R.l. and to pay fine of Rs. 50/-. 2. The prosecution case is that on 30.10.1979 at about 12.15 p.m. one Shri Harphool S/o Shri Khuma Ram lodged an oral FIR at Police Station Hamirvas stating inter alia that at about 7 p.m. he had gone to house of Ghyana Ram where he was not found. At that time, Harphool S/o Baralu was also sitting in the house of Shri Ghyana Ram. While, they were sitting in the room of Shri Ghyana Ram, his daughter, Veeramati came weeping and informed that her father had gone to Rajgarh and she apprehended that Munaram and his four sons may assault him. Then, they immediately proceeded on way of Chandgoti from the side wherefrom, Ghanayaram was expected to come. When they reached near the house of Kalu Ram, they saw the four sons of Muna Ram. They saw that Ghayana Ram has been caught by four sons of Munaram and Ghyana Ram was unconscious. On this information, Police registered a case of offence under Secs. 364, 342 IPC and proceeded with investigation. The statement of injured Ghyana Ram was recorded. He was also examined by the doctor. After investigation, Police filed challan against all the accused persons of offence under Secs. 307, 364, 342 & 325 read with Section 149 IPC. 3. On analysing the prosecution evidence the Trial Court relying on the evidence of PW 1 Ghyanaram and other witnesses, corroborated by medical evidence, held that all the accused persons assaulted Ghanya Ram with an object to cause grievous injuries. In view of the finding, the learned Judge convicted and sentenced the appellants as stated above. 4. I have heard learned counsel for the appellants and learned Addl. PP PW 1 Ghanya Ram has stated that he had gone to Rajgarh for obtaining a copy from his advocate. While, he was returning near the 'award' of Munaram, accused Girdhari, Begaram, Maidhan, Balveer & Munaram surrounded him and gave beating, causing grievous injuries on various part of the body, on account of which he become unconscious. This statement is supported by PW 2 Veeramati. PW 3 Dr. While, he was returning near the 'award' of Munaram, accused Girdhari, Begaram, Maidhan, Balveer & Munaram surrounded him and gave beating, causing grievous injuries on various part of the body, on account of which he become unconscious. This statement is supported by PW 2 Veeramati. PW 3 Dr. B.K. Dawara has stated that he examined the injured Ghaynaram on 30.10.1979. He noticed 14 injuries, out of which, injury No. 13 was found to be grievous. He stated that injuries are on the back. Thus, there is sufficient evidence to demonstrate that all the accused appellant assaulted Ghanyaram PW 1 with an object to cause grievous injuries. Thus, the learned Judge has rightly convicted the accused appellants of offence under Secs. 325 read with 149 IPC. 5. Learned counsel for the appellants submitted that the offence under Section 325 IPC is punishable with not more than 7 years R.l. and as such the provisions of Section 360 Cr.RC. are attracted. It is submitted that the Trial Court has not recorded special reasons as required by Section 361 Cr.RC., for not giving the benefit of Section 360 Cr.RC. 6. Considering all the facts and circumstances of the case and looking to the facts that the incident is of year 1979,1 think the end of justice would meet, if the appellant are given benefit of the provisions of Section 360 Cr.PC. 7. Consequently, the appeal is partly allowed. The conviction of the appellants of offence under Secs. 325/149, 323/149 & 342/149 is upheld. However instead sentencing the appellants, it is directed that the appellants shall be released on probation on furnishing the personal bond in the sum of Rs. 5000/'- each and one surety of the like amount to the satisfaction of the Trial Court, undertaking to receive the sentence as and when call upon to do so and to keep peace and good behaviour during the period of one year. Each of the appellant shall also deposit the sum of Rs. 500/- as compensation payable to the injured Ghanyaram. Four months time is granted to deposit the amount of compensation. The bail bonds as indicated above, shall be furnished within the period of six weeks. In case of non-compliance of the direction given therein, the order giving benefit of Section 360 Cr.RC. shall stand vacated and the appeal shall stand dismissed. 500/- as compensation payable to the injured Ghanyaram. Four months time is granted to deposit the amount of compensation. The bail bonds as indicated above, shall be furnished within the period of six weeks. In case of non-compliance of the direction given therein, the order giving benefit of Section 360 Cr.RC. shall stand vacated and the appeal shall stand dismissed. In such event, C.J.M., Churu is directed to ensure that appellants undergo the sentence awarded by the Trial Court.Appeal is partly allowed. *******