ORDER : Heard Mr. Jai Shankar Tiwary, learned counsel for the petitioners and Mr. Manoj Kumar No. 2, learned A.P.P. for the State. 2. This application is directed against the judgment dated 31.08.2001 passed by the learned Sessions Judge, Giridih in Cr. Appeal no. 9 of 1998 whereby and whereunder the judgment and order of conviction dated 22.01.1997 passed by learned Sub Divisional Judicial Magistrate, Giridih in G.R. Case No. 816 of 1994 (T.R. No. 678 of 1998) has been affirmed and the sentence has been modified by giving the benefit under the Probation of Offenders Act by directing the petitioners to execute a bond of Rs. 2000/-with two sureties of the like amount each for a period of one year. 3. The First Information Report was instituted by one Parwati Devi (P.W.1) on the allegation that when she had woken up in the morning and opened the door of her house the petitioners had entered into her house and started pulling her saree with a view to disrobe her. It is alleged that the informant had raised alarm upon which all accused persons assaulted her and snatched away a silver hasuli from her neck and also amriti from her wrist. It is also alleged that when the mother-in-law of the informant had come to rescue her the petitioner no. 1 had assaulted her on the head which caused a bleeding injury to her. It is also alleged that the petitioner no. 2 had gave a lathi blow on the thigh of the informant. After the First Information Report was registered the case was investigated by the Police and subsequent to the same charge-sheet was submitted against the petitioners for the offence punishable u/s 323, 448/34 of the Indian Penal Code. In course of trial petitioner nos. 1 and 2 were found guilty for the offence punishable u/s 323 of the Indian Penal Code and were sentenced to undergo R.I. for one month whereas petitioner no. 3 was found guilty for the offence punishable u/s 323/34 of the Indian Penal Code and he was sentenced to undergo R.I. for one month. In appeal being Cr. Appeal No. 9 of 1998, although the order of conviction was sustained but the sentence awarded to the petitioners was modified by giving the benefit under the Probation of Offenders Act. 4. In course of trial four witnesses were examined on behalf of the prosecution. In appeal being Cr. Appeal No. 9 of 1998, although the order of conviction was sustained but the sentence awarded to the petitioners was modified by giving the benefit under the Probation of Offenders Act. 4. In course of trial four witnesses were examined on behalf of the prosecution. P.W.1 Parwati Devi is the informant who has categorically stated about the role played by the petitioners in trying to disrobe her and the subsequent assault upon her as well as her mother-in-law. P.Ws.-2, 3 and 4 have all supported the prosecution case with respect to the manner of assault upon the informant and her mother-in law. The Doctor was examined as court witness no. 1 who had examined the mother-in-law of the informant and had found certain injuries on her person. The Doctor had also examined the informant and has found some injuries over the left thigh and pain over the left shoulder joint. It thus appears that the allegation of assault has been sufficiently corroborated by the evidence of Doctor (C.W.1). Although a plea has been taken by the defence with respect to the previous enmity existing between the parties on account of partition and that the petitioner no. 1 is the elder brother-in-law of the informant but the enmity as has been mentioned cuts both ways. There being consistent evidence on record brought by the prosecution with respect to the oral as well as documentary evidence and which has also been considered by the learned appellate court, no interference is necessitated in the order of conviction. 5. So far as the sentence portion is concerned, the same has sufficiently been modified by the learned appellate court and the petitioners have given the benefit under the Probation of Offenders Act. There being no illegality or error in either the judgment of conviction or on the point of sentence, this application fails and the same is, accordingly, dismissed.