Judgment R.N.Sahay, J. 1. There are three appellants in this appeal. First appellant Ram Das Kahar, who was aged 70 years at the time of his conviction, is the father of appellant No. 3 Raj Grihi Kahar. Appellant No. 3 was charged and tried for offence under Sec. 307, I.P.C.. The allegation is that he inflicted Bhala Injury on Ayodhya Nath Mishra Ram Das Kahar and Sheo Das Kahar tried under Sec. 323, I.P.C. for causing lathi injury on Ayodhya Nath Mishra. 2. On 6-4-74 at village Senduar, P.S. Kargahar, District Rohtas Ayodhya Nath Mishra and Ram Das Mishra were watching their Mango tree standing at their Khalihan. The case of the prosecution is that the appellants went to khalihan and began to pluck the mangoes on which Ayodhya Nath Mishra objected and there was altercation. Thereupon, appellants Ram Das Kahar and Sheo Das Kahar assaulted him with lathis and appellant Raj Grihi Kahar assaulted him with bhala causing injury on the abdomen of Ayodhya Nath Mishra. Basudeo Mishra. another son, informed the father about the incident. The injured was taken to Sadar Hospital, Sasaram in unconscious condition where fardbeyan of the informant was recorded by the police officer of Sasaram police station. 3. The defence of the appellants was the total denial of the allegation. The defence alleged that the prosecution party had entered into the house of the appellants and had assaulted the daughter of the accused and other inmates of the house and committed theft of the articles for which a case was instituted at Kargahar police station. 4. During the trial Shridas Mishra, the informant, was examined as P.W. 1. He was informed about the incident by Basudeo Mishra. Ayodhya Nath Mishra, the victim of the assault stated in his evidence that he along with his brother Basudeo Mishra was in his Khalihan for watching their mango trees laden with mango fruits. The appellants began to pluck the mango fruits upon which he objected. Thereupon Raj Grihi assaulted him with bhala and other appellants assaulted him with lathis. 5. Dr. Gupteshwar Nath Verma, who had examined the injured found one incised injury 3/4" x 1/6" x 1" on the upper part of left side of the abdomen of Ayodhya Nath Mishra. The injury was simple in nature. Injury has been caused by sharp edged pointed weapon and other injuries were caused by hard and blunt substance. 5. Dr. Gupteshwar Nath Verma, who had examined the injured found one incised injury 3/4" x 1/6" x 1" on the upper part of left side of the abdomen of Ayodhya Nath Mishra. The injury was simple in nature. Injury has been caused by sharp edged pointed weapon and other injuries were caused by hard and blunt substance. 6. The trial Judge accepted the evidence of this witness. The charge under Sec. 307 against appellant No. 3 was dismissed and he was been convicted under Sec. 324, I.P.C. and remaining two appellants have been convicted under Sec. 323, I.P.C. Appellant No. 3 Raj Grihi Kahar has been sentenced two years under Sec. 324, I.P.C. and Ram Das Kahar and Sheo Das Kahar have been sentenced to undergo rigorous imprisonment for six months. 7. All the appellants have remained in custody for about three months. The conviction of the appellants, in the facts and circumstances of the case, cannot be assailed. The occurrence is of the year 1974. In my opinion, ends of justice will serve the purpose by reducing the sentence already undergone by them. 8. The appeal is dismissed with above modification in sentence.