Mandhata Singh, J. – Prosecution case initiated on fardbeyan of one Shivjee Rai, in brief, is that on 20.8.1989 at about 8.00 pm. informant’s son Chhabila Rai was sitting in side of Tea Stall of Janak Bhagat, in the meantime, accused-appellants came there. Of them, Ram Lalit Rai, Dwarik Rai and Chanarik Rai were armed with lathi or danda but accused-appellant, Raj Balam Rai was without weapon. They all assaulted his son by means of lathi and danda. His son received injury on his head and whole body. Accused-appellant, Raj Balam Rai flung his son and rest three witnesses assaulted him brutally. His son became unconscious. Reason behind the incident was altercation on the point of coming on a boat from Diara. Raj Kumar Rai, Naga Rai, Kapileshwar Rai, Ram Chandra Rai, Ram Prit Rai and other are said eye witnesses of the incident. 2. Trial ended in conviction to all accused-appellants for the offence under Section 341 of the I.P.C. and Ram Lalit Rai, Chanarik Rai and Dwarik Rai for the offence under Section 323 of the I.P.C. also and accordingly, they have been sentenced also. 3. The learned counsel appearing for the appellants challenges the sentence only by referring that incident took place in the year 1989. Both the parties come from the same village. Conviction was recorded in the year 1995 and appeal now is taken for hearing in the year 2012. Appellants are the first offender, so are entitled for the benefit of under Section 3 of the Probation of Offenders Act. Though same is opposed on behalf of the learned A.P.P. but I agree with the submission advanced on behalf of the accused-appellants. 4. On the observations made above, evidence on record and circumstances of the case, this appeal is dismissed with modification on the point of sentence. Accordingly, Judgment of conviction passed by the 4th Addl. Sessions Judge, Vaishali at Hajipur in connection with Sessions Trial No. 109 of 1990/46 of 1993 is hereby affirmed and on the point of sentence accused-appellants are released after due admonition. They are discharged from the liability of their bail bonds also. 5. Office is directed to send the records along with a copy of this Judgment to the Trial Court.