JUDGMENT 1. - Appellant convicted for the offences of Sections 325, 324 and 323 Indian Penal Code is respectively sentenced for imprisonment for a period of one year, six months, one month and fine Rs. 250/- and Rs. 500/- in Sessions Case No. 67/86 before the Court of Additional Sessions Judge No.1, Udaipur. Aggrieved of his conviction and sentence, preferred this appeal. 2. Appellants wife also was convicted for the offence of section 323, was directed to be on probation. 3. Heard learned counsel for the appellant and learned Public Prosecutor. 4. The incident and events, per prosecution, are somewhat like this that on 12.4.86, one Satyanarain PW 14 informed at police station, Vallabhnagar to SHO PW 12 that yesterday he was informed that sister Basanti and brother-in-law Mathura Lal serious because of injuries inflicted by his brother, are admitted at Valabhnagar hospital, so PW 14 arrived there, where was informed that being serious, are referred to Udaipur Hospital. PW 14 further informs that he arrived Udaipur hospital, where his brother-in-law having sustained grievous injuries at head, was admitted in hospital and that sister Pushpa told him that on 10.4.86 in evening Laxmilal irrigating out of turn from well, was objected by Laxmilal appellant challenging Mathura Lal, gave a blow of spade on head, and Mathuralal bleeding fell down. Smt. Basanti gave belows of "Latth" to Pushpa. Registering FIR, SHO PW 8 at hospital obtained seized stained clothes and also dislocated teeth of injured Mathura Lal, inspected place of occurrence and collecting samples of blood and also plain soil, prepared memos. Arrested appellant vide memo Ex. P7 and per his disclosure Ex. P9, recovered spade ("Phawra") and lathi. Injury X-ray reports are Exs. P1, 2 and X- ray Ex. P11-12- 13. Among prosecution witnesses examined, Mathura Lal PW 3 and Pushpa PW 5 are these injured and PW 6 their daughter PW 6 who and also PW 8 and 9 eare ye witnesses. PWs 2, 4, 7, 10, 11 happen to be "motbirs", PW 14 is first informer and PW 12 investigating officer. Dr. PW 1 stating of injuries proves injury reports, whereas PW 13 a radiologist states of fracture of metacoporal (sic) bone of assaulted Mathura Lal. Appellant states of witnesses telling lie because of partition dispute. PWs 2, 4, 7, 10, 11 happen to be "motbirs", PW 14 is first informer and PW 12 investigating officer. Dr. PW 1 stating of injuries proves injury reports, whereas PW 13 a radiologist states of fracture of metacoporal (sic) bone of assaulted Mathura Lal. Appellant states of witnesses telling lie because of partition dispute. Examined in defence medical officer DW 1 depose of injury not causable by spade and DW 2 stating of neighbour asserts no such beating by appellant but that Mathura Lal having of dantla in hands himself fell down and was injured. 5. Learned counsel for the appellant submitting that appeal now is only for extent of sentence argues that incident of the year, 1986 to which now more than 25 years have elapsed and that incident at best occurred suddenly and for turn of irrigation from the well and further that appellant remained imprisoned for some days, may be for about a month and his wife too also faced trial, so now appellant should be released on probation. Also submits that for above reasons, appellant for the offence of Section 325 should be sentenced only to the extent of period already undergone. Lastly submits grievous injuries said is fracture of metacoporal bone. 6. Learned Public Prosecutor states that enhancement of fine be considered. 7. Thoughtfully considering arguments, had a careful look on record and perused judgment impugned and evidence. 8. Incident is of the year, 1986, injuries about 9.10 but one at head and a fracture of 5th metacorporal bone. Other injured PW 5 who is wife of PW 4 sustained five simple with a hametoma on head. To Mathuralal are as above 10-11 injuries etc. and fracture with removal like of lower left incisor teeth. 9. A perusal of the record shows that post, arrest appellant remained imprisoned for some days, incident is of the year, 1986- between real brothers or turn of irrigation from well and occurring ail of a sudden grievous injury is of meta corporal (sic). Considering all this and desirability to minimise minimum possibilities of any more differences between real brothers, in the opinion of the Court, now just and appropriate in to reduce period of sentence to the period already undergone with increase of fine which total is assessable at rupees eight thousand. In above terms, partly is to be allowed appeal. 10. Considering all this and desirability to minimise minimum possibilities of any more differences between real brothers, in the opinion of the Court, now just and appropriate in to reduce period of sentence to the period already undergone with increase of fine which total is assessable at rupees eight thousand. In above terms, partly is to be allowed appeal. 10. According upholding conviction of appellant for the offences of Sections 325, 324 and 323 Indian Penal Code, sentence awarded, is reduced and altered to (i) for the offence of Section 325 imprisonment of period already undergone and fine rupees seven thousand - in default two months rigorous imprisonment, (ii) for the offence of section 324 IPC, imprisonment for a period already undergone and fine rupees five hundred, in default seven days simple imprisonment, (iii) for the offence of Section 323, fine rupees five hundred, in default seven days simple imprisonment. 11. Fine to be deposited on or before September 1, 2011 in the trial Court, else appellant to appear in the trial Court on September 1, 2011. The depositing as above, the bail bond of appellant shall stand discharged.Appeal partly allowed. *******