Judgment A.K. Shrivastava, J;- 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 14.08.1997 passed by learned First Additional Sessions Judge, Betul in S.T. No. 96/1996 convicting the appellant under Section 325 of IPC and thereby sentencing him to suffer RI of one year, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973. The facts in detail are already narrated in paras 2 and 3 of the impugned judgment and for convenience they are not being reproduced here. Suffice it to say that appellant was charged under Section 333 IPC, however, he has been convicted under Section 325 IPC and has been directed to suffer RI of one year. 2. The contention of learned counsel for the appellant is that looking to the evidence placed on record, it is not proved that appellant has committed any offence. Alternative submission has also been put forth by him that if this Court comes to the conclusion that appellant has committed the offence, since the incident occurred 16 years ago, it would not be fruitful to send the appellant behind the bars again. It is also contended by him that appellant has already suffered jail sentence of 8 days and this would be the appropriate punishment for the offence which he has committed. 3. On the other hand, learned Public Prosecutor argued in support of the impugned judgment and prayed for dismissal of this appeal. 4. Having learned counsel for the parties, I am of the view that this appeal deserves to be allowed in part. 5. In the present case, the injured is Sheru Khan (PW-1) who has categorically stated that he is serving on the post of Chowkidar in the Forest Department. Further he has stated that in the forest plantation was done and certain new plants were also planted, however, the appellant released his cattle in the field where plantation was recently made as a result of which he warded off those cattle. On the next day, the appellant dealt a lathi blow to him as a result of which he sustained fracture on his left shoulder. Although this injured was cross examined at length but nothing has been carved out in order to disbelieve his statement. The evidence of this witness is corroborated by the evidence of Dr. On the next day, the appellant dealt a lathi blow to him as a result of which he sustained fracture on his left shoulder. Although this injured was cross examined at length but nothing has been carved out in order to disbelieve his statement. The evidence of this witness is corroborated by the evidence of Dr. W.A. Nagle (PW-4) who found that injured sustained fracture on his shoulder and it was also apparent on its bare perusal. The X-ray report (Ex. P/6) has also been proved by him. Thus, I am of the view that learned Trial Court did not commit any error in convicting the appellant under Section 325 IPC. 6. Appellant has already suffered jail sentence of 8 days. However, at the same time the interest of injured is also to be seen so that he may also get justice and, therefore, it would be justifiable to award compensation of ` 7500/- (Rupees Seven thousand five hundred only). Let the amount shall be deposited by the appellant on or before 28.2.2013 in the Trial Court, failing which he shall further undergo one month RI. Let the entire amount be paid to injured PW-1 Sheru Khan, S/o Jamsher Khan, Forest Chowkidar, R/o Mahupani Thana, Chicholi, District Betul who was examined as PW-1 in the Trial Court towards compensation under Section 357 of Cr.P.C. Learned Trial Court is hereby directed to do the needful in this regard. The bail bonds of this appellant shall stand cancelled only after he deposits entire amount of fine on or before said date. 7. Appellant is hereby directed to appear before the learned Trial Court on 17.12.2012 and shall deposit the amount of fine. If appellant is unable to deposit the amount on this date or deposits only part of the entire amount, learned Trial Court shall give a date to him to deposit the amount and if on that date also, the appellant fails to deposit the amount, a further date may be given but that date should not exceed beyond 28.02.2013 and by this date appellant should deposit the fine amount, failing which he shall undergo the jail sentence of one month RI. In case appellant fails to appear before learned Trial Court on 17.12.2012, the Trial Court shall issue notice to his surety and may pass necessary order against him in accordance with law. In case appellant fails to appear before learned Trial Court on 17.12.2012, the Trial Court shall issue notice to his surety and may pass necessary order against him in accordance with law. After depositing the amount of fine or sending the appellant to jail, the Trial Court shall intimate the Registry of this Court. The Registry is hereby directed to send the original bail bonds papers to learned Trial Court and a photocopy thereof be retained in this file. It is further made clear that after entire amount of fine is deposited by the appellant, his bail bonds shall stand cancelled. Resultantly, this appeal succeeds and is hereby allowed in part. The conviction of appellant under Section 325 IPC is hereby affirmed, however, the sentence is hereby modified to the extent indicated hereinabove. Appellant is on bail, his bail bonds shall stand discharged.