Judgment A.S.Garg, J. 1. About 7 or 8 days prior to 19.4.1985, crop of Javi in the field of Des Raj, PW. 2, was allegedly damaged by a few cattle heads belonging to Mohar Singh nursed a grudge against Des Raj. On the same day, at about 6.30 p.m., when Des Raj was lifting harvesting crop of wheat from his fields, Mohar Singh armed with a Gandasi and Samay Singh, Parkash and Hukma armed with lathies came there. Mohar Singh gave a gandasi blow on the right arm of Des Raj. Samay Singh gave a lathi blow on his neck as a result of which he fell down. Parkash gave a lathi blow on the right knee joint of Des Raj and Hukma gave a lathi blow on his right toe. The occurrence was witnessed by Hari Ram, Hukam Singh and Anchal Singh. The injured was removed to the hospital where he was medico legally examined. On receipt of the ruqa from the hospital, ASI Khem Chand, PW.6, went to Civil Hospital, Karnal. On his application, the doctor gave opinion that Des Raj was not fit to make a statement. Then again on 21.4.1985, ASI Pardeep Singh went to the hospital and recorded the statement of Des Raj Ex. PC and on its basis formal FIR Ex. PC/2 was recorded. The said ASI went to the place of occurrence and prepared rough site plan Ex. PD. He arrested the petitioners and after completion of the investigation, they were put to trial. 2. Des Raj injured was medico legally examined by Dr. Sushil Kumar, P.W.1 and the following injuries were found on his person : (1) Contusion bluish red in colour 8 cm x 1 cm on the back of the left side of chest in the lower half of the chest. Tenderness was present. (2) Contusion bluish red in colour 9 cm x 1 cm on the back of the left side of the abdomen in the line of anterior superior iliac spine. (3) Contusion 7 cm x 1 cm bluish red in colour on the medial side of right knee joint with deep diffuse swelling around it was present. Advised X-ray of the part. (4) Contusion 4 cm x 1 cm bluish red in colour on the anterior surface of right knee joint. (5) Abrasion 2-1/2 cm x 1/2 cm on the left knee joint. Advised X-ray of the part. (4) Contusion 4 cm x 1 cm bluish red in colour on the anterior surface of right knee joint. (5) Abrasion 2-1/2 cm x 1/2 cm on the left knee joint. (6) Abrasion red in colour 1-1/2 cm x 1/2 cm on the medial side of left knew joint. (7) Abrasion red in colour 3/4th cm x 1/2 cm on the left knee joint. (8) Diffuse swelling red in colour 2 cm diameter on the left side of the neck. (9) Lacerated would 2 cm 1/2 cm x 1/4 cm on the thumb of the left foot anterior surface blood clot on the wound was present. (10) Incised wound 4 cm x 1/2 cm x 1/2 cm on the posterior surface of right forearm in its middle one-third portion. Advised X-ray of the parts. (11) Diffuse swelling 2 cm diameter on the anterior surface of left fore-arm. Ex. PA is the correct carbon copy of the original medical legal report. 3 The petitioners were charged under Sections 325, 324/34 of the Indian Penal Code. The learned Additional Chief Judicial Magistrate believed the version of the defence to the extent that Hukma was not present on the scene of occurrence. He was also exonerated and found innocent by ASI Ram Chander, PW.7, who verified in investigation but he was still challaned perhaps to seek the opinion of the Court and the police did not want to leave him at their own end. However, he was acquitted by the learned Additional Chief Judicial Magistrate feeling that his plea of alibi was truthful. However, on the testimony of Des Raj, PW.2 and Anchal Singh, PW.3, Mohar Singh, Samay Singh and Parkash were found guilty under Sections 325/34 and 324 I.P.C. They were sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 400/- each under Sections 325/34 I.P.C. and in default of payment of fine each of them was ordered to undergo further rigorous imprisonment for three months. They were also sentenced to undergo rigorous imprisonment for a period of six months each under Section 324 I.P.C. Their conviction and sentence was upheld by the learned Additional Sessions Judge, Karnal in appeal. 4. I have gone through the evidence on the record especially the statements of Des Raj, PW.2 and Anchal Singh, PW.3. They were also sentenced to undergo rigorous imprisonment for a period of six months each under Section 324 I.P.C. Their conviction and sentence was upheld by the learned Additional Sessions Judge, Karnal in appeal. 4. I have gone through the evidence on the record especially the statements of Des Raj, PW.2 and Anchal Singh, PW.3. A large number of arguments were taken by the defence at the trial. It was contended before the learned trial Magistrate as well as before the learned first appellate Court that the petitioners did not have any motive to assault the injured, that the name of the father of the injured was mentioned wrongly in the medico legal report Ex. P.A.; that the injured received injuries when he fell down while he was carrying some bundle of grass and other articles on his head; and that the injured reached the hospital after 10 hours of his having receiving the injuries. The learned Courts below have met these arguments with the observations that the petitioners got enraged because the injured reprimanded them because their cattle had spoiled the crop; that the delay of 10 hours was not in any way fatal nor was there any manipulation; that the identity of the injured was not disputed; that his fathers name wrongly got mentioned in the medico legal report was of no consequence; that there was an ocular testimony regarding the infliction of the injuries and that it was not put in cross-examination that the injuries were received by injured by a fall. Therefore, the findings of the Courts below were borne out of the record. It cannot be said that the lodging of the FIR and other circumstances explained by the prosecution were in any way motivated. 5. In view of the above, one does not find any infirmity in the conviction of the petitioners and their conviction is upheld. However, looking to the fact that the occurrence took place about 15 years ago, no useful purpose would be served to send the petitioners to jail to undergo the remaining period of their sentence. The ends of justice would be fully met if they are ordered to be released on probation on their furnishing personal bonds in the sum of Rs. The ends of justice would be fully met if they are ordered to be released on probation on their furnishing personal bonds in the sum of Rs. 5000/- each with one surety in the like amount each to the satisfaction of Chief Judicial Magistrate, Karnal undertaking to keep peach and be of good behaviour for a period of one year. Ordered accordingly. Except for the above modification, the revision is dismissed. Petition dismissed.