Judgment I.P.Singh, J. 1. Both the appellants have been convicted under section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years each. 2. The prosecution case, in short, is that on 24.12.74 at 10 A.M. the informant came to know that one co-accused Gorakh Singh (since dead) and the appellants were cutting twig from his mango tree. He went there and told them why they were cutting twig of the mango tree. Thereafter there was hot exchange of words between them. It has been stated that Gorakh Singh instigated and appellant Ram Babu Singh began to assault him with axe as a result of which the informant sustained injuries on two places on the back of his body. Thereafter Gorakh Singh passed on a dagger to appellant Chandra Mohan and he inflicted dagger blow on his back, thigh and fore-arm. He raised alarm and villagers came there to rescue him. Having seen them the appellants fled away. The injured was taken to Manjhi Hospital from where he was referred to Chapra Sadar Hospital where the Fardbeyan of the informant was recorded. On the basis of the Fardbeyan first information report was registered. The police started investigation and after completion of the same submitted charge sheet against the accused person. Accordingly cognizance was taken and trial concluded with the result as indicated above. The appellants pleaded not guilty. 3. Prosecution in support of its case examined altogether four witnesses. In this case the informant died during trial. P.W. 1 is Kanhaiya Singh,,P.W. 2 is Lalan Singh, an eye witness. P.W. 3 is Sita Ram Singh. He also claimed to be an eye witness. P.W. 4 is Krishna Sharma. 4. The court has examined C.W.I, Dr. Sidheshwari Prasad who had examined the injured. The I.O. of this case has not been examined. The defence has also examined D.W. 1, the appellant, Ram Babu Singh. 5. P.W. 1, who is a hearsay witness, has stated that he had not seen assault inflicted on the person of the injured. P.W. 4 is also a hearsay witness and he came on the place of occurrence after the assault inflicted to the injured by the appellants. P.W. 2, who is injured and eye witness of the case has stated tnat on the day of occurrence at about 10 A.M. he was going to see his field. P.W. 4 is also a hearsay witness and he came on the place of occurrence after the assault inflicted to the injured by the appellants. P.W. 2, who is injured and eye witness of the case has stated tnat on the day of occurrence at about 10 A.M. he was going to see his field. When he reached near the mango orchard he found the appellant Ram Babu Singh cutting twig of mango tree which belonged to the informant (since dead). The informant objected to it upon which appellant Ram Babu assaulted him with axe on his back and appellant Chandramohan who was also there inflicted dagger blows on him. Having sustained injuries Babu Lal Singh ran from there and fell down in the paddy field. Thereafter witnesses came and saw the occurrence. The injured Babu Lal was taken to Manjhi Hospital and from there he was referred to Sadar Hospital Chapra. P.W. 3, who is the eye witness of this case has also corroborated the version of P.W. 2. 6. C.W.1 Dr. Sidheshwari Prasad had examined Babu Lal Singh on 24.12.1974 and found the following injuries on his person : (i) One incised wound 2" x 1/2" x muscle deep on the right scapular region back. (ii) Incised wound 1 1/2" x 1/2" x muscle deep on the right scapular region back about 3 1/2" upward and medially to injury no. (i). (iii) Incised wound 3/4" x 1/6" x muscle deep on the back of the chest right side. (iv) One sharp penetrating wound 1 1/4" x 1 1/2" x chest cavity deep on the left side of the chest on the back with surgical emphysema on the left side of the chest. Surgical emphysema means air leakage from chest cavity to the muscle layer. (v) One sharp cut wound 1 1/2" x 1/6" x muscle deep on the right fore-arm postero aspect. (vi) One sharp cut wound 3/4" x 1/6" x muscle deep on the right fore-arm postero medial aspect about 2 1/ 2" above injury no. (v). (vii) Incised wound 2" x 1/4" muscle deep on the left upper arm outer aspect. (viii) Sharp punctured wound 3/4" x 1/6" x muscle deep on the postero lateral aspect of the left thigh. (ix) One sharp punctured wound 1" x 1/4" x muscle deep on the right giutial region. In the opinion of the doctor injuries nos. (v). (vii) Incised wound 2" x 1/4" muscle deep on the left upper arm outer aspect. (viii) Sharp punctured wound 3/4" x 1/6" x muscle deep on the postero lateral aspect of the left thigh. (ix) One sharp punctured wound 1" x 1/4" x muscle deep on the right giutial region. In the opinion of the doctor injuries nos. (i), (ii), (iii), (v), (vi) and (vii) were caused with sharp cutting weapon, may be axe or dagger and rest were with sharp and pointed weapon, may be dagger. Injury no. (iv) was found grievous in nature. Rest were simple in nature. 7. Learned counsel for the appellants submitted that the occurrence took place for cutting twig of the mango tree which was claimed by both of the parties. It has been further submitted that the appellant had no intention to kill the informant as the assault was not on the vital part of the body. 8. Although P.Ws. 1 and 4 have not seen the assault on the person of the injured but they have seen the factum of occurrence. According to them, the injured was assaulted by the appellants. P.Ws. 2 and 3 have fully supported the case of the prosecution as well as assault inflicted on the person of the injured by these appellants. The court below has rightly come to the conclusion that the appellants assaulted the injured with axe and dagger which has also been corroborated by the Doctor (C.W. 1) According to the Dr. injury no. (iv) was grievous in nature. The appellants have been rightly convicted for the offence punishable under section 307 of the Indian Penal Code. I do not find any reason to interfere with the conviction of these appellants. 9. However, coming to the question of sentence learned counsel submitted that the occurrence took place in 1974, about 28 years ago and since then the appellants have been amply harassed and punished during the prolonged litigation. It has been further submitted that the appellants are close agnates of the informant and they have no criminal antecedent and previous conviction. As such, some lenient view may be taken while awarding sentence to the appellants. Having regard to the submission I am of the view that it will be expedient in the interest of justice if the appellant no. 1 Ram Babu Singh is sentenced to pay a fine of Rs. As such, some lenient view may be taken while awarding sentence to the appellants. Having regard to the submission I am of the view that it will be expedient in the interest of justice if the appellant no. 1 Ram Babu Singh is sentenced to pay a fine of Rs. 3,000/- and appellant no. 2, Chandramohan Singh is sentenced to pay a fine of Rs. 5,000/- to be deposited by them within three months from the date of receipt/production of a copy of this order, in default, to undergo rigorous imprisonment for one year. It is made clear that the amount of fine if and when realised, will be paid to the legal heir of the deceased informant Babu Lal Singh. With the aforesaid modification in sentence this appeal is dismissed.