R. C. DEEPAK, J. The State of U. P. has filed this Government Appeal after grant of leave to file the appeal against the judgment and order dated 25-7-1981 passed by Sri R. N. Rai, learned II Addl. District and Sessions Judge, Budaun in Sessions Trial No. 19 of 1979 whereby he acquitted the accused Bhikam Singh, Jaswant Singh, Hamir Singh and Ganga Singh under Sections 307/34, 324/34 IPC pertaining to Police Station Moosajhag, District Badaun. 2. The facts, in brief, of the case are that earlier to 3-1/2 years to the date of alleged occurrence accused Ganga Singh had initiated a criminal case against Jasbir Singh, the father, Amba Sahai and Jadaon Singh, the uncles of Jagrao Singh/the complainant, that during the pendency of this case accused Hamir Singh had lodged a criminal case against Nathoo Singh, Narain Singh and Chiraunji Singh, the family members of Jagrao Singh wherein these persons were convicted for 2 years R. I. , but were released on an interim bail and had come up to their village. It is alleged that due to the prevailing enmity, on 10-11-1977 at about 4. 30 p. m. the accused Bhikam Singh, Jaswant Singh, Hamir Singh and Ganga Singh attacked the house of the informant abusing and exposing that these days nothing happens with the case and, therefore, they would settle the dispute with him. Hearing this, the informant came out from his house and objected the act of the accused saying that they should not fight to each other. It is alleged that on the exhortation of accused Sher Singh, Ganga Singh caught hold of him (Jagrao Singh), Bhikam Singh stabbed knife at his shoulder, who fell on the ground and Jaswant Singh gave knife blow at his left shoulder. His uncle Amba Sahai, neighbour Hotam Singh and Rakesh came to rescue him. Accused Hamir Singh caused katta injury to Amba Sahai and Ganga Singh caused knife injuries to Rakesh. Thereafter, the informant alongwith the above-named injured persons went to the police station in a tractor and lodged the report in connection with this occurrence and a case as crime case No. 157 of 1977 under Section 307 IPC (Ext. Ka-1) was registered the same day at 5. 25 p. m. at the said police station against the accused persons. The injured persons were sent to the hospital for medical examination. Dr. Ka-1) was registered the same day at 5. 25 p. m. at the said police station against the accused persons. The injured persons were sent to the hospital for medical examination. Dr. Hameed Ullah medically examined Jagrao Singh at 6. 25 p. m. and noticed the following injuries on his person and prepared the injury report (Exh. Ka-3) : (1) Incised semi-circular wound 4 cm. x 1 cm. x depth kept under observation on Rt. side of back, 7 cm. away from the vert. column, in renal region, fresh bleeding is coming out from the wound. (2) Incised semi-circular wound 1. 5 cm. x 0. 75 cm. x muscle deep on anterior aspect of left shoulder. Injury No. 2 is simple, Injury No. 1 kept under observation caused by sharp edged instrument, duration fresh. 3. Similarly, Rakesh was medically examined at 7. 40 p. m. and following injuries were found on his person and the injury report (Exh. Ka-4) was prepared: (1) Incised wound 2 cm. x 0. 5 cm. x skin deep on ant. asp. of left middle finger at the junction of I and II phalanx. (2) Incised wound on ant. aspect of ring finger 1/2 cm. x 1/10 cm. x skin deep, in the middle phalanx of left side. (3) Incised wound on the middle phalanx an ant. side 1/2 cm. x 1/10 cm. x skin deep of left side. All injuries are simple caused by sharp edged instrument, during fresh. 4. On the very same day Dr. Hameed Ullah also examined Amba Sahai at 7. 50 p. m. and noticed the following injuries on his body and prepared the injury report (Exh. Ka-5): (1) Clean out incised wound on post aspect of neck on right side 7 cm. x 1/2 cm. x muscle deep, 8 cm. away from 7th cavical vetebra, associated with fresh bleeding. (2) Incised wound 1 cm. x 1/10 cm. x skin deep on lateral aspect of left little finger. (3) Abrasion 1. 5 cm. x 0. 5 cm. on the back of left side, 9 cm. away from vert. Column. (4) Abrasion 3 cm. x 0. 5 cm. , 8 cm. lower from Injury No. 3. All injuries are simple in nature, Injuries Nos. 1 and 2 caused by sharp edged instruments and Nos. 3 and 4 by friction. Duration fresh. 5. 5 cm. x 0. 5 cm. on the back of left side, 9 cm. away from vert. Column. (4) Abrasion 3 cm. x 0. 5 cm. , 8 cm. lower from Injury No. 3. All injuries are simple in nature, Injuries Nos. 1 and 2 caused by sharp edged instruments and Nos. 3 and 4 by friction. Duration fresh. 5. The investigation into the case was initially taken up by the investigation officer Sri V. N. Dwivedi, the Police Sub-Inspector, who prepared the site plan (Exh. Ka-10 ). Thereafter, further investigation into the case was conducted by Sri D. P. Gaur, Station Officer. , who took down the statements of prosecution witnesses and submitted the charge-sheet (Exh. Ka-12 ). The case was committed to the Court of Sessions. The charges under Sections 307/34 and 324/34 1pc were framed against the accused, who pleaded not guilty and claimed to be tried. The prosecution examined as many as nine witnesses. P. W. 2 Jagrao Singh, P. W. 3 Hotam Singh and P. W. 4 Amba Sahai are the witnesses of the fact and the remaining are formal ones. The trial Court after going through the evidence on record, arrived at a conclusion that the prosecution could not establish its case to convict the accused. Consequently, giving benefit of doubt, he acquitted the accused vide judgment and order already referred-to-above. 6. Heard Sri P. S. Pundir, learned Counsel for the State- appellant, Sri Anil Srivastava, learned Counsel for the accused- respondents and perused the record. 7. The occurrence has taken place in the broad day-light. The First Information Report was lodged promptly wherein the vivid description of weapon, the mode and manner of assault have been disclosed. The evidence of injured witnesses finds corroboration from the medical evidence. The statement of Dr. Hameed Ullah (P. W. 1) indicates that the nature of injuries found on the person of the injured was simple. Therefore, the nature and character of injuries are not as such to make out a case under Section 307 IPC, but the trial Court did fail to take into account the cognizance of the prosecution evidence on record that if the injuries are not grievous or fatal, these injuries being simple in nature also constitute an offence, therefore, there was no occasion or circumstances available on record to extend benefit of doubt to the accused. Hence, we are of the view that the trial Court committed illegality in acquitting the accused even under Section 324/34 IPC. Therefore, the judgment and order dated 25-7- 1981 passed in Sessions Trial No. 19 of 1979 acquitting the above-named accused under Section 307/34 IPC is confirmed, but their acquittal under Section 324/34 IPC is set- aside and the accused Bhikam Singh, Jaswant Singh, Hamir Singh and Ganga Singh are hereby convicted under Section 324/34 IPC in Sessions Trial No. 19 of 1979 pertaining to Police Station Moosajhag, District Badaun. 8. The occurrence is of the year 1977 and about 30 years passed. It may be unreasonable and unjustified to punish the accused- respondents with imprisonment specially when the offence under Section 324 IPC is punishable only with fine also. The accused- respondent Bhikam Singh has already remained in jail for about a month and the remaining accused-respondents about 15 days, as has been disclosed under paragraph 3 of the Supplementary Affidavit dated 17-5-2007 of Bhikam Singh. A reasonable amount of fine and period undergone will meet the end of justice. 9. In view of the above, the accused-respondents Bhikam Singh, Jaswant Singh, Hamir Singh and Ganga Singh are punished with the period already undergone and a sum of Rs. 10,000/- as fine to each of the accused-respondents out of which a sum of Rs. 8,000/- shall be given to each of the injured named Jagrao Singh, Amba Sahai and Rakesh and in case of their non-survival, the same shall be given to their legal heirs within two months from today. The fine shall be deposited within six weeks from today. In case of default of payment of fine, they shall undergo a rigorous imprisonment for three months. 10. The Government Appeal is accordingly partly allowed. The personal and surety bonds of the accused-respondents are hereby discharged. 11. Let a copy of this order be sent to the Chief Judicial Magistrate, Budaun for compliance, who shall submit the compliance report after six weeks. Appeal partly allowed. .