JUDGMENT M.A. Siddiqui, J. 1. This is an appeal preferred by the Appellants feeling aggrieved against the judgment dated 30/06/1995, delivered by the then IIIrd Addl. Sessions Judge, Satna in Sessions Trial No. 57/89 in which each Appellant has been convicted under Section 323/149 IPC for three months' R.I. and fine of Rs. 100/- each, in default of payment of fine Appellants to undergo further S.I. for fifteen days, under Section 324 and 325 read with Section 149 IPC for three years' R.I. and fine of Rs. 300/-each, in default of payment of fine Appellants to further undergo S.I. for three months, and under Sections 148/149 IPC Appellants have been convicted and sentenced for three months' R.I. and fine of Rs. 100/- each, in default of payment of fine Appellants to further undergo S.I. for fifteen days. 2. In nut shell the prosecution story is that first information report was lodged at PS-Nagod, District-Satna on the night between 28-29th of August,1988 by Barelal (PW.4) alleging that when he was sleeping in his house where his wife Krishna (PW.5), his son Bhanu (PW.7)and Smt. Maya wife of Bhanu (PW.8) were also sleeping, Shankar (DW.1) and Kanhaiya (DW.2)were also present in the house, at about 1 A M the accused persons suddenly appeared having arms and assaulted Bhanu (PW.7) and Krishna(PW.5) with Farsa and Lathis. On the intervention of Shankar (DW.1) and Kanhaiya (DW.2) the accused persons fled away. Bhanuand Krishna were examined by Dr. R.B. Patel (PW.2). However, Bhanu (PW.7) went through an X-ray. Dr. B.G. Hinduja (PW.1) found simple fracture in the radius/ulna of his left arm. On the report, police registered case against all six Appellants and in the registration case under Section 459 IPC was found, so challan was filed before the Judicial Magistrate Ist Class-Nagod, where Criminal Case 674/1988 was registered and as case under Section 459 IPC was exclusively triable by the Court of Sessions so case was committed to the Sessions Court and the case was transferred to IIIrd Addl. Sessions Judge, Satna by the Sessions Court on 3.1.1991, charges under Sections 148, 323 read with Section 149 and Section 459 read with Section 149 IPC were framed. 3. Trial Court, after trial acquitted the accused persons from the charges under Section 459 read with Section 149 IPC, but punished them as aforesaid. 4. Sessions Judge, Satna by the Sessions Court on 3.1.1991, charges under Sections 148, 323 read with Section 149 and Section 459 read with Section 149 IPC were framed. 3. Trial Court, after trial acquitted the accused persons from the charges under Section 459 read with Section 149 IPC, but punished them as aforesaid. 4. Undisputedly, all six Appellants filed the appeal, but during the course of pendency of appeal, two Appellants, namely, Ajay Son of Barelal Yadav and Santosh Yadav Son of Gunnoo Yadav died. Against them, this appeal has been abated. 5. Learned Counsel for Appellants has not challenged the conviction. He has only submitted that sentence is excessive. He has submitted that the incident is of the year 1988 and this appeal was filed in the year 1995, more than 20 years have lapsed from the date of incident, accused persons have already undergone two days imprisonment, main accused-Appellants Ajay and Santosh are dead so lenient view be taken and their jail sentence be quashed. Appellants have suffered mental agony and financial loss substantially. Counsel has placed reliance on a decision of the Apex Court in Manjappa v. State of Karnataka (2007) 3 SCC 76 in which Apex Court has imposed the sentence already undergone by the Appellant and has raised the fine amount for the offence under Sections 323 and 325 IPC. 6. Even otherwise, on perusal of original record of the trial Court, it is very much clear that prosecution case was fully proved by B.J. Hinduja (PW.1), Dr. R.B. Patel (PW.2), Munna (PW.3), Barelal (PW.4), Krishna (PW.5), Srikant Dwivedi (PW.6), Bhanu (PW.7), Maya (PW.8), Snehi (PW.9), Dinkar Prasad Tiwari (PW.10) and Phul Singh Tekam (PW.11) against all the Appellants. But as more than 20 years have already been passed and Appellants have already suffered two days imprisonment, I find that it would not be proper to send them back to jail. Alleged offence under Section 323/149 IPC is punishable with fine only, I enhance the fine amount imposed under Section 323/149 IPC from Rs.100/- to Rs. 300/-on each of the Appellant. As far as offences punishable under Sections 324, 325 read with Section 149 IPC are concerned, fine of Rs. 300/- imposed by the trial Court on each of the Appellant is on lower side, it is enhanced from Rs. 300/- to Rs.1300/- on each of the Appellant. 300/-on each of the Appellant. As far as offences punishable under Sections 324, 325 read with Section 149 IPC are concerned, fine of Rs. 300/- imposed by the trial Court on each of the Appellant is on lower side, it is enhanced from Rs. 300/- to Rs.1300/- on each of the Appellant. Under Section 148, 149 IPC the fine of Rs. 100/- is enhanced to Rs. 400/- on each of the Appellant. So each Appellant will have to deposit Rs.1,500/- extra as fine amount. In case the Appellants do not deposit the fine amount, they have to undergo R.I. for three months. If the fine amount is deposited by the Appellants, then Rs. 2,000/- will be given to Krishna and Rs.1,000/-will be given to other injured Bhanuas compensation under Section Code of Criminal Procedure The Appellants are on bail, their bail bonds are ordered to be discharged on the condition that they should deposit the enhanced fine amount. 7. The appeal is allowed in part to the aforesaid extent.