Judgment S.N.Pathak, J. 1. This appeal is directed against the order of conviction and sentence passed by Shri B.N.P. Singh, 3rd Additional Sessions Judge, Nawadah, dated 17-6-1989, in Sessions Trial No. 121 of 1987/194 of 1984. The appellants were convicted under Sec. 323, I.P.C. and sentenced to undergo rigorous imprisonment for ten months. They were, however, charged for offences under Secs. 307/149 and 380, I.P.C. The charges under Secs. 307/149 and 380, I.P.C. failed and hence the learned trial Judge held the accused-appellants guilty only under Sec. 323, I.P.C. 2. The prosecution case, as referred to in the fardbeyan of the informant Lakhan Prasad Yadav was to the effect that in the night in between 25th/26th June, 1979, the informant along with Jagdish Prasad Yadav was sleeping in his house. Suddently, the appellants along with others, numbering 20 to 25 persons variously armed with lethal weapons including lathi and bombs came to the dalan where the informant was sleeping. Yadu Yadav dealt with a garansa blow on the head of Lakhan Yadav, informant and Lorik Yadav assaulted him with lathi. Bali Yadav also dealt with a lathi blow upon Amrit Yadav who was also seeping in the same dalan where the informant was sleeping. Subsequently, the dacoits effected their entry inside the house and looted certain articles including cloths and ornaments. 3. The accused-appellants pleaded innocence and alleged false implication. 4. The learned Trial Judge on the basis of altogether 6 witnesses held accused-appellants guilty. The evidence of P.Ws. was criticised before me on the ground, inter alia, to the effect that no independent witness was examined and even the female inmates of the house of the informant neither reached the P.O. at the time of alleged assault nor were even cited as witnesses. I find that of course, no independent witness of the village was examined and no female inmates of the informants house also figured as witnesses of the alleged assault and theft from the house of the informant. The learned trial Judge doubted the allegation of theft and hence he acquitted the appellants therefor. He also acquitted them of the charge under Sec. 307, I.P.C. because the concerned Doctor, who examined the victims, could not be examined as he had gone out of the country and only injury report was brought on record. The learned trial Judge doubted the allegation of theft and hence he acquitted the appellants therefor. He also acquitted them of the charge under Sec. 307, I.P.C. because the concerned Doctor, who examined the victims, could not be examined as he had gone out of the country and only injury report was brought on record. So, the appellants were convicted under Sec. 323, I.P.C. So far as the evidence is concerned, it consisted of the informant and his relation and it referred to the assault on their person at the hands of the accused-appellants. The allegation of theft was doubted by learned trial Judge and, in his opinion, it appeared to be an improvement in the case. So far as evidence on the point of assault is concerned, I do not find any discrepancy or such infirmity on the basis of which the same can be disbelieved. Any plausible cause for false implication also does not appear to be there in the evidence on record. It transpired during the course of evidence of the P.Ws. that one of the accused-appellants was convicted in a sessions case for murder of one of the informants relation and as a result of which the alleged offence was committed. The accused-appellants had a grievance to nurse against the informant for which they might have committed the offence. In any view, the evidence of the P.Ws. could not be discarded only on the ground of interestedness. 5. The learned Judge held that the occurrence took place in a quick succession and so it excluded the possibility of arrival of villagers and female inmates of the house of the informant. I do not think, the opinion of the learned Judge is improper or not warranted by circumstances on record. The discrepancy with respect to existence of electric fitting in the house of the informant to give proper means of identification was also discussed by the trial Judge and he held that discrepancy related only to the legal meter and not electric fitting. Though there may not be any valid meter inside the house, still as evidence was on the record, electric connection was very much in the house concerned. This opinion of the trial Judge is not very much off the record. Though there may not be any valid meter inside the house, still as evidence was on the record, electric connection was very much in the house concerned. This opinion of the trial Judge is not very much off the record. So far as discrepancy with respect to P.O. in which some witnesses described it as dalan and others stated it to be sehan, I am of the opinion that evidence is clear that dalan and sehan were continuous to each other and hence this discrepancy about dalan or sehan is not of any significance to disbelieve the P.O. As far as non-appearance of family witnesses and villagers is concerned, reasoning has been given by the learned Judge with which I find myself unable to disagree. So, I think, the order of conviction was not bad either from legal angle or on the basis of the evidence on record. 6. However, as far as appellant Yadu Yadav is concerned, he had assaulted the informant with garansa, so his conviction under Sec. 323, I.P.C. was bad. He should have been convicted under Sec. 324, I.P.C. Sec. 307 may be reduced to Sec. 324, I.P.C. if the evidence proves it within the provision of Section 322, Cr. P.C. Though the doctor was not examined, injury report was brought on record (Ext. 2/1) and it suggested that Lakhan Yadav had sustained incise wound on his person. So Yadu Yadav may be conveniently convicted under Sec. 324, I.P.C. and the rest under Sec. 323, I.P.C. So, I think, the conviction of Yadu Yadav should be converted into one under Sec. 324, I.P.C. So far as sentence is concerned, I think, that will remain intact and it requires no modification. 7. In the result, this appeal is dismissed with modification regarding the offence under which Yadu Yadav was convicted, as stated in the preceding paragraph. The appellants are directed to surrender in the lower Court to serve out the remaining part of their imprisonment.