JUDGMENT 1. - Both the appeals are being decided by this common judgment as they arise out of common judgment and order dated 13.9.1979 passed by the learned Sessions Judge, Merta whereby he acquitted accused-appellants-Banney Singh, Ladu Singh & Maloo Singh of the charges under sections 307, 325 & 447 IPC, but convicted under section 323 IPC and sentenced each of them to one year rigorous Imprisonment. Note.That S.B. Cr.Appeal No. 52/1980 has been filed by the State of Rajasthan and S.B. Cr.Appeal No. 463/79 has been filed by the accused-appellants. 2. They arise in the following circumstances : On 2.8.1977 at about 8.00 a.m. when Bhanwar Singh, PW 3 and Karan Singh, PW 4 were working in their field Khasra No. 269, suddenly, the accused persons came with Kassi and Lathies and started assaulting Bhanwar Singh, PW 3 and Karan Singh, PW 4 in the field of the complainant and when Jassu Singh, PW 7, the father of Karan Singh and Bhanwar Singh came there to save them, the accused started beating him also. Magh Singh, PW 5, Mst. Sita, PW 2 and Dariya Kanwar, PW 1 also came there and tried to intervene, but the accused caused injuries to them also. On their hue and cry, Moola Ram, PW 8 came there, whereupon the accused fled away. On the same day, a written report Ex.P/1 of the said incident was lodged by Bhagwana Ram. PW 6 Before the Dy. Superintendent of Police, Nagaur. On that report, the police registered a case and after investigation, submitted a challan against the accused persons for the offence under sections 307, 325, 327, 447 r/w 34 IPC. The charges were framed against the accused persons for the above offences by the learned Sessions Judge, Merta on 4.5.1978 and the same were read over to them. The accused denied charges and claimed trial. Thereafter, prosecution witnesses were examined and statements under section 313 Cr.P.C. were recorded and one witness was produced in defence. After completion of trial and after considering the evidence, the learned Sessions Judge, Merta vide his judgment and order dated 13.9.1979 acquitted all the accused persons of the charge under sections 307, 325 & 447 IPC, but convicted under section 323 IPC and sentenced each of them to one year R.I. holding : 1. After completion of trial and after considering the evidence, the learned Sessions Judge, Merta vide his judgment and order dated 13.9.1979 acquitted all the accused persons of the charge under sections 307, 325 & 447 IPC, but convicted under section 323 IPC and sentenced each of them to one year R.I. holding : 1. That Jassu Singh, PW 7 Magh Singh, PW 5 have received grievous and simple injuries in the incident. 2. That Bhanwar Singh, PW 3, Sita, PW 2, Dariya Kanwar, PW 1, and Karan Singh, PW 4 also received simple injuries in the said incident. 3. That from the injuries received by Jassu Singh, PW 7 and Magh Singh, PW 5, no case for the offence under section 307 IPC is made out. 4. That the incident took place in Khasra No. 272 belonging to accused Banney Singh and at the time of incident, Khasra No. 272 was in the possession of accused-Banney Singh. 5. That on the day of incident, PW 4 Karan Singh and PW 3 Bhanwar Singh entered the field Khasra No. 272 and upon this, accused beat them and when PW 7 Jassu Singh and PW 5 Magh Singh also entered the field Khasra No. 272 to save PW 3 Bhanwar Singh and PW 4 Karan Singh, accused also beat them. 6. That it cannot be said that which accused caused grievous injuries to PW 7 Jassu Singh and PW 5 Magh Singh. 7. That accused persons in beating injured persons exceeded their right of private defence and thus, they have committed offence under section 323 IPC only and they were liable to be acquitted for the offence under sections 307, 325 & 447 IPC. Aggrieved by the said judgment and order dated 13.9.1979, accused-appellant as well as the State of Rajasthan have filed appeals being S.B. Cr.Appeals No. 52/1980 and 463/1979 respectively. 3. The learned counsel for the accused-appellant submitted that compromise with regard to civil dispute had taken place between the complainant and accused party on 21.5.1985 and he has placed on record a copy of the compromise order, which covers both Khasras over which alleged incident had taken place. 4. 3. The learned counsel for the accused-appellant submitted that compromise with regard to civil dispute had taken place between the complainant and accused party on 21.5.1985 and he has placed on record a copy of the compromise order, which covers both Khasras over which alleged incident had taken place. 4. The learned counsel for the accused-appellant, after submitting the compromise order, has argued that in view of this compromise order, he does not want to assail the findings of the learned Sessions Judge, on the basis of which, accused-appellants were convicted under section 323 IPC and he only prays that instead of sending accused-appellants to jail now, fine may be imposed upon them while maintaining conviction under section 323 IPC. 5. The learned Public Prosecutor also after seeing this compromise order has submitted that it is for the Court now to pass any order. 6. So far as the findings of the learned Sessions Judge, which have been enumerated above, are concerned, they are based on proper appreciation of evidence and in my opinion, they do not suffer from any infirmity or illegality. The submission of the learned Public Prosecutor that accused-appellants should have been convicted under section 307 IPC is not tenable as the findings of the learned Sessions Judge are based on correct appreciation of evidence. Hence, the appeal filed by the State of Rajasthan is liable to be rejected. 7. Looking to the facts and circumstances of the case and that compromise had taken place between the complainant and accused party, it would be worthwhile that accused-appellants be sentenced under section 323 IPC with fine only. 8. Accordingly, for the reasons mentioned above:- (1) the appeal filed by the State of Rajasthan being S. B. Criminal Appeal No. 52/1980 is rejected. (2) so far as the appeal filed by the accused-appellants being S.B. Criminal Appeal No. 463/1979 is concerned, the conviction of the accused-appellants under section 323 IPC is maintained and their appeal against conviction is rejected and the judgment dated 13.9.1979 passed by the learned Sessions Judge, Merta in this regard is upheld. (3) so far as the order dated 13.9.1979 passed by the learned Sessions Judge, Merta sentencing each accused-appellants to one year R.I. is concerned, the same is set aside and each accused-appellant is sentenced for the offence under section 323 IPC with fine of Rs. 3,000/- (Rs. (3) so far as the order dated 13.9.1979 passed by the learned Sessions Judge, Merta sentencing each accused-appellants to one year R.I. is concerned, the same is set aside and each accused-appellant is sentenced for the offence under section 323 IPC with fine of Rs. 3,000/- (Rs. three thousand only) and in default of payment of fine, each accused-appellant shall undergo simple imprisonment of two months. Three months' time is given to each accused-appellant to deposit the payment of fine. Out of the amount of fine realised, Rs. 2,000/- (Rs. two thousand only) each will be given to injured Jassu Singh, PW 7 and Magh Singh, PW 5 and Rs. 1,000/- (Rs. one thousand only) each will be given to other injured Bhanwar Singh, PW 3, Karan Singh, PW 4, Sita, PW 2 and Dariya Kanwar PW 1. Both the appeals stand disposed of accordingly.Appeals disposed. *******