JUDGMENT : M.T. Joshi, J. 1. Heard both sides. Present petitioners, who are convicted by learned Judicial Magistrate F.C., Aurangabad in R.C.C. No. 74 of 1998 for the offences under Section 324 read with 34of Indian Penal Code sentencing them to suffer simple imprisonment for three months and to pay a fine of Rs. 500/-, are praying for their acquittal. 2. Learned counsel for the petitioners Mr. Ladda submits that there are material contradictions regarding the incident itself. While PW 1 - Ashok stated that petitioner No. 1-Umakant is the author of the injuries which are caused by a knife, other eye witness i.e. PW 3 - Rajendra stated that in fact, petitioner No. 1 Umakant was holding a hockey stick. Alternatively, he submits that as the present petitioners were between the age group of 21-22 years at the relevant time; the conviction was recorded long back i.e. on 29th June, 1999; and after dismissal of the appeal by learned Sessions Judge, they were behind the bars for a period of three weeks, they may be released by giving benefits of the Probation of Offenders Act. 3. Learned APP opposes the plea. He submits that the injury certificates proved by the Medical Officer would clearly show that the present petitioners, in furtherance of their common intention, have caused injuries. 4. Perused the record. Following injuries were found on the person of the victim: "1) Stab wound on epigastric region of size 1 x 0.5 cm; 2) Incised wound on left sides of neck of size of 5 x 1 x 05 cm. 3) Contusion on back of shoulder." In the opinion of the Medical Officer, all the injuries were simple in nature. 5. In the circumstances, considering the material on record, in my view, while maintaining the conviction against the petitioners, the order regarding sentence needs to be modified in the interest of justice. Hence, the following order:-- "a] Criminal Revision Application is partly allowed. b] The conviction recorded against the applicants by learned Judicial Magistrate F.C., Aurangabad, for the offences punishable under Section 324 read with 34 of Indian Penal Code is hereby maintained. c] The sentence recorded by learned Judicial Magistrate F.C. against the applicants, however, is set aside. Hence, the following order:-- "a] Criminal Revision Application is partly allowed. b] The conviction recorded against the applicants by learned Judicial Magistrate F.C., Aurangabad, for the offences punishable under Section 324 read with 34 of Indian Penal Code is hereby maintained. c] The sentence recorded by learned Judicial Magistrate F.C. against the applicants, however, is set aside. Instead, it is hereby directed that the petitioners be released on their executing bond of good behavior for a period of two years, in this Court itself, within a period of two weeks from the date of this order."