JUDGMENT 1. - This appeal is filed by the accused-appellants challenging the impugned judgment dated 29.8.1984 passed by the Sessions Judge, Bhilwara in Sessions Case No. 97/83 convicting the accused-appellants (1) Shabuddin under section 304 Part II IPC to undergo 5 years rigorous imprisonment, and (2) Hussdainia under section 325 IPC to undergo 2 years R.I., Rs. 250/- as fine and in default of payment of fine 3 months R.I. and under section 323 IPC to undergo 3 months R.I., concurrently on the grounds mentioned in the memo of appeal and also canvassed before me. 2. With the assistance of the learned counsel for the accused- appellants and learned Public Prosecutor I have scrutinised the evidence on record and reap-predated the evidence on record. 3. On reappreciation of the evidence, I find that the offence under section 304 Part H IPC, 325 IPC and 323 IPC is made out. The accused persons are on bail for last about 17 years. To put them back in jail after appellants led peaceful life of ordinary citizen, would be rather unjust. 4. Hence, the appeal is partly allowed. The conviction under section 304 Part H IPC, 325 IPC and 323 IPC is maintained but the sentence is reduced to that already undergone. The impugned order is thus modified to the extent above.Appeal partly allowed. *******