- (1.) S. R. Bhargava, J. This revision was admitted on the point of sentence only.
(2.) IN connection with incident of 12th May, 1989 when revisionists Parashu Ram, Sant Ram, Shatrughan and Janki assaulted Bhagwan Deen and Ram Het with the blunt part of axe and lathis. Revisionists had to face protracted trial four times. Ultimately, the learned lower appellate Court convicted revisionist. Parashu Ram with offence under Sections 325, 506/2 and 504, I. P. C. and sentenced him to rigorous imprisonment of three months under Section 325, I. P. C. and 506/2, I. P. C. He further sentenced him to fine of Rs. 200/- under Section 504, I. P. C. Learned lower appellate Court convicted appellants Sant Ram, Shatrughan and Janki with offences under Sections 323, I. P. C. , 506/2, I. P. C. and 504, I. P. C. He sentenced each of them to imprisonment for one month under Section 323, I. P. C. three months under Section 506/2, I. P. C. and fine of Rs. 200/- under Section 504, I. P. C. what appears is that before the lower appellate Court probation was claimed but no valid reason for refusing release on probation was assigned. I have thoroughly scrutinised the judgment of the two lower Courts. Ram Het had suffered fracture of metacarpal and from the two lower Court's judgments it is not clear who inflicted that injury. It is evident that the revisionists used blunt part of axe and lathis. Yet only one fracture was caused. This means that the revisionists had no common intention to cause grievous hurt. When there was no common intention to cause grievous hurt and when it is not known who caused the greivous hurt conviction under Section 325, I. P. C. cannot be sustained. Hence I set aside conviction of Parashu Ram for offence under Section 325, I. P. C. Convictions on other counts remain. Short-term sentences after about seven years of the incident are not likely to serve any useful purpose. I think that in the circumstances of the case, sentences already undergone and fine of Rs. 200/-for all the offences shall ends of justice for each of revisionists. Hence partly allowing this revision I set aside the conviction and sentence of revisionist Parashu Ram under Section 325, I. P. C. Conviction of the revisionists of offences under Section 323, I. P. C. etc. are confirmed. Their Jail sentences are reduced to the period already undergone. Their sentence of fine of Rs. 200/- each is confirmed. They shall deposit fine within one month. Out of the fine realised a sum of Rs. 200/- shall be paid as compensation to victim Bhagwan Deen and another sum of Rs. 200/- shall be paid as compensation to Ram Het. Revisionists are on bail. Their bail bonds are can celled and sureties are discharged. They need not surrender. Revision allowed. .;