JUDGMENT 1. - Vide impugnfed judgment dated 30.04.1982 passed by the learned Addl. Sessions Judge, Gangapur City, in Sessions Case No. 3/1982 the appellants Kishanlal and Devi Sahai were convicted for offence under section 323 IPC and each were sentenced to suffer one year simple imprisonment and a fine of Rs. 500/- each and in default of payment of fine, they will suffers further imprisonment of two months. The appellants were however, acquitted of the charges framed under sections 452, 302, 302/34 IPC. 2. The State of Rajasthan assailed the finding of acquittal given by the learned trial Judge by filing D.B. Cr. Appeal No. 495/1982 whereas the accused appellants Kishan Lal and Devi Sahai assailed the aforesaid judgment of conviction by filing D.B. Cr.Appeal No. 184/1982. During the pendency of the appeal accused appellant Kishan Lal expired and the proceedings pending against him stood abated. 3. The only question that requires our consideration is as to whether from the material available on record, the accused Devisahai can be held guilty for offences under section 452, 302 and 302 read with Section 34 IPC. A look of the post-mortem report (Ex.P/6) demonstrates that the deceased Sualal had sustained three injuries thus - 1. Irregular marks, bruise, 3 1/2" x 1" oblique, on the left side of chest 2 x 1/2" below the nipple. The bruises extended upto the left side of abdomen; 2. Oblique bruise 2" x 1" on the left side of abdomen in mid clavicular line at the level of umblious; and 3. Bruise 4 x 1/" x 2" on the posterior aspect of left side of chest. The injury extended upto the back of abdomen 2x 1/2" away from side line over loath. 11th and 12th ribs. On the posterior side aspect of left side of chest all the injuries were ante-mortem in nature and caused by blunt object. The cause of death according to Dr. S.L. Meena (PW6) was as a result of shock produced due to injuries on the left side of chest and on abdomen (Epoigastrium) leading to inhibitory action on the heart. 4. It appears from the statement of the informant Ishwarlal PW1 that the incident had occurred on a spur of moment and injury on the chest of the deceased by stone was attributed to Kishanlal. 4. It appears from the statement of the informant Ishwarlal PW1 that the incident had occurred on a spur of moment and injury on the chest of the deceased by stone was attributed to Kishanlal. Allegation against the appellant Devisahai was that he pelted stone which hit on the right side of the chest of deceased, who died at the spot. 5. We have closely scanned the impugned judgment rendered by the learned trial Judge. In view of the injuries sustained by the deceased and the evidence adduced, we do not find any infirmity in the said judgment. From the material on record, the charges for offences under sections 452, 302 and 302 read with section 34 IPC are not made out against the appellant Devi Sahai and no interference is called for in the appeal preferred by appellant State of Rajasthan. The appeal stands dismissed accordingly. 6. However, in view of the fact that the appeal against the order of conviction under section 323 IPC, is pending for a period of more than 20 years, it will not be in the interest of justice to send the appellant Devi Sahai to jail. In our opinion the ends of justice would be met in releasing the appellant Devi Sahai under section 4 of the Probation of Offenders' Act. Thus the appeal of appellant Devi Sahai is allowed in part and he is directed to furnish a personal bond in the sum of Rs. 10,000/- together with one surety in the like amount before the learned Addl. Sessions Judge, Gangapur City, to keep peace and be of good behaviour for a period of two years. Two months time is allowed to appellant Devi Sahai to furnish the aforesaid bail bonds.Appeal of Appellant 'D' partly allowed. *******