A.S. Bains, J. - (1.) PARMAL , Lachu, Gianu, Ishmu, Nainu, and Labhu, petitioners have filed have this petition against their conviction and sentences recorded by the Courts below under Section 325 read with Section 149, Indian Penal Code. They were sentenced to rigorous imprisonment for nine months and a fine of Rs. 200/ - under Section 325 read with Section 149, Indian Penal Code, rigorous imprisonment for three months under Section 323 read with Section 149 and to rigorous imprisonment for two months under Section 147, Indian Penal Code: In default of payment of fine, each of the petitioner was ordered to undergo further rigorous imprisonment for three months. The substantive sentences of imprisonment were, however, order to run concurrently. The prosecution case set up at the trial was as under : - Mange Ram complaint (P.W.1) used to work at the marriage parties for the cleaning of untensils about one year before the occurrence. Later on he left that job and confined himself only to hair dressing. It is alleged that Nainu petitioner engaged some other person for dressing the hairs and cleaning untensils. On the day of occurrence, i.e., 17th June, 1975 at about 10.00 p.m. Mange Ram was doing the hair cutting of one Gaga in the electric light of the flour mill of Nainu petitioner. Nainu petitioner, went to Mange (P.W. 1) and protested as to why he was dressing hair of person of his brotherhood On this, altercation took place and Nainu petitioner then gave first blow on the face of Mange (P.W. 1) as a result whereof one of his teeth was knocked out. In the meantime, the other accused petitioners also reached the place of occurrence one after the other and they also started giving first blows to Mange (P.W. 1), Ram Chander (P.W. 2), Lakhi (P.W. 3), and Smt. Zehro (P.W. 4), who had also arrived at the spot. The matter was reported to the police by Mange (P.W. 1) on 18th June, 1975 and the First Information Report was recorded by Assistant Sub Inspector Jagdish Chander (P.W. 6) at 8.15 p.m. In police Station Kalayat copy of which is Exhibit P.A.P.W. 1 Mange and other injured witness were medically examined by Dr. M.L. Gulshan (P.W. 5) on the next day between 5 40 p.m. and 6. 50 p.m. The doctor found three injuries on the person of Mange (P.W. 1), out of which one was grievous, and the rest were simple on the person of Ram Chander (P.W. 2) he found five simple injuries. The doctor also found one simple injury each on the person of Smt. Zehro (P.W. 4) and Lakhi (P.W. 3). Although Gaga and Rangi Ram witness the occurrence, but they were not produced by the prosecution. The petitioners were tried, convicted and sentenced by the Judicial Magistrate 1st Class, Narwana as aforesaid. Their conviction and sentence, were, however, maintained by the Learned Addition a. Sessions Judge. But Sultan, Kadma and Jabra, their co -accused, released on probation under the probation of Offenders Act. Mr. Rathore, learned counsel for the petitioners, submitted that the Courts below have erred in convicting the petitioners under Section 325 and 323 read with Section 149 and under Section 147, Indian Penal code, and that Section 149 of the Indian Penal Code is not attracted in the circumstances of the present case I fined merit in this contention of Mr. Rathore. According to Mange (P.W. 1). It was Nainu petitioners, who gave him first blows on his face and as a result where of one of his teeth was knocked out. It was after that incident that the other prosecution witnesses and the other petitioners came to the place of occurrence one after the other. The Statements of the prosecution witness are also discrepant All the accused were empty handed except Labhu who, it is stated, had a lathi. Hence in these circumstances, it cannot be held that the petitioners formed as unlawful assembly with the common object to inflict injuries on the complainant and the other prosecution witness. Accordingly, I hold that the provisions of Section 149 and 147, Indian Penal Code are not attracted. The petitioners are, therefore, acquitted of this charge. Now it is to be seen as to what extent each petitioner is liable for his individual Act. Only one grievous injury was inflicated by Nainu petitioner to Mange (P.W. 1) and the injuries inflicated on the other prosecution witness are simple in nature. Hence the conviction of Nainu petitioner under Section 325, Indian Penal Cad., is maintained, bus the conviction under Section 325 read with Section 149, Indian Penal Code, of all the other petitioners is set aside since the other petitioners are attributed only with simple injuries, their conviction under Section 323, Indian Penal Code is maintained. The petitioners are first offenders. In my opinion, it will meet the ends of justice if the petitioners are released on probation of good conduct. It is therefore, ordered that the petitioners be released on probation of good conduct on their entering into bonds in the sum of Rs. 1, 000/ each with one surety in the like amount for a period of one year, to the satisfaction of the trial Court to appear and receive sentence when called upon during such period of one year and in the meantime to keep peace and be of good behaviour They are also directed to pay compensation, amounting to Rs. 100/ - each to the injured persons out of the compensation if realised. Half the amount shall be paid to Mange (P.W. 1) and the remaining half will be paid to other injured persons in equal proportion. 6. Subject to the modification indicated above, this petition stands disposed of.;