Judgment ( 1. ) APPELLANT Lala Gadari has been convicted under section 324/149 of the Indian Penal Code and sentenced to one year rigorous imprisonment, by the impugned judgment dated 29. 8. 1997 passed in Sessions Trial No. 135/1993 by the Additional Sessions Judge, Satna. The appellant has also been convicted under sections 147 and 323/149 of the indian Penal Code and sentenced to six months on both counts. The jail sentences have been ordered to run concurrently. ( 2. ) THE victim of the incident is Vinod (P. W. 1 ). ( 3. ) ACCORDING to the prosecution case, on 20. 11. 1992 at 7. 30 p. m. the appellant and four other co-accused persons resorted to rioting and in furtherance of their common object caused injuries to Vinod (P. W. 1 ). The appellant is said to have used an axe whereas the co-accused persons had allegedly caused injuries with their lathis. Out of four co-accused persons, three have been acquitted by the trial court and one has absconded. Viond (P. W. 1) lodged the first information report, Ex. P1, on the next morning at police Station Jasso District Satna. Vinod (P. W. 1) has testified that appellant had caused injuries to him with an axe. Vinod (P. W. 1) was examined by Dr. M. M. Pandey (P. W. 7 ). His injury report is, Ex. P7, which corroborates the evidence of Vinod (P. W. 1) regarding the simple injuries received by him. Dr. M. M. Pandey (P. W. 7) did not find any grievous injury on Vinod (P. W. 1 ). His report in this regard is, Ex. P8. ( 4. ) THE trial court, after appreciating the evidence on record, convicted and sentenced the appellant as aforesaid. ( 5. ) SHRI L. N. Sakle, learned counsel for the appellant, during his argument submitted that he is not challenging the finding of the trial Court so far it relates to resorting to rioting and causing simple injuries with a common object to vinod (P. W. 1) by the appellant is concerned as the same stands properly established before the trial Court. Thus, the only question which calls for consideration is as to what sentence has to be awarded to the appellant to meet the ends of justice. ( 6. ) THE incident took place on 20. 11. 1992. Thus, the only question which calls for consideration is as to what sentence has to be awarded to the appellant to meet the ends of justice. ( 6. ) THE incident took place on 20. 11. 1992. The appellant has undergone 11 days of the jail sentence. There is nothing on record to suggest that he has any criminal background. On due consideration of the facts and circumstances of the case and also considering the period of time that has elapsed, I set aside the jail sentences awarded to the appellant under sections 324/149, 323/149 and 147 of the Indian Penal Code and instead, award a sentence for the period already undergone by him together with a fine of Rs. 3000/- or, in default of payment of fine to undergo rigorous imprisonment for six months under section 324/149 of the Indian Penal Code. I further direct that on the recovery of fine of Rs. 3000/- from the appellant, an amount of Rs. 2500/- be made over to victim Vinod (P. W. 1) by way of compensation. The appellant shall deposit the directed fine amount within a period of two months from today. ( 7. ) WITH the above modification in the sentence, the appeal is partly allowed.