JUDGMENT I. The petitioners, who are eight in number were convicted for the offences under sections 323 and 149 of IPC vide judgment dated 2nd February, 2006 passed by Smt. Jyoti Vinodiya, JMFC, Sironj, District Vidisha. They were sentenced to imprisonment for six months and to pay fine of Rs. 300/- each by the trial Court. Aggrieved by their conviction and sentence, they had filed an appeal being Criminal Appeal No. 117/06, which has been dismissed by the Additional Sessions Judge, Sironj, District Vidisha vide impugned judgment dated 30th September, 2010. Their sentences have been confirmed by the appellate Court. 2. The petitioners have now filed this revision petition under section 401 of the Code of Criminal Procedure, 1973 limited only on the point of sentence. 3. Mr. Vishal Mishra, accepts notice of this petit ion on behalf of the State. 4. Arguments have been heard in the matter. 5. Mr. R.P. Singh, appearing on behalf of the petitioners contends that the petitioners being first time offenders have been convicted for minor offence under sections 323 and 149 IPC and should have been granted benefit of Probation under the Probation of Offenders Act, instead of awarding them sentence of imprisonment. The learned counsel appearing on behalf of the petitioners further submits that the Court may consider to waive the sentence of imprisonment and if find necessary substitute the sentence of imprisonment by suitably enhancing the sentence of fine which may sub-serve the interest of justice. 6. Mr. Vishal Mishra, appearing on behalf of the State has opposed the above prayer made on behalf of the petitioner and submits that the petitioners have not undergone imprisonment even for a single day ever since the case was registered against them. 7. It is not disputed by the learned counsel appearing on behalf of the State that the petitioners have already faced agony of protracted trial for over seven years prior to their conviction under section 323 and 149 of IPC. It is further not disputed by the learned counsel appearing on behalf of the State that the petitioners are first time offenders. It is further not disputed by the learned counsel appearing on behalf of the State that the petitioners are first time offenders. 8.In view of the above and having regard to the facts and circumstances of the case, this revision petition is allowed and the appellate order dated 30th September, 2010 passed by Shri Yashwant Singh Parmar, Additional Sessions Judge, Sironj, District Vidisha in Criminal Appeal No. 117/06 is modified to the extent that sentence of imprisonment awarded against the petitioners is substituted with sentence of fine Rs. 1000/- each to be paid by them within eight weeks from today, failing which their sentence of imprisonment shall remain intact and in that event they should surrender to custody. 9. This revision petition is disposed of accordingly.