Cr. Appeal No.1205/2010 14.12.2011 Shri Virendra Sharma, counsel for the appellants. Shri Raghvendra Singh Bais, Panel Adv. for the respondent-State. Arguments heard. Judgement dictated in open Court in presence of counsel appearing for the parties. JUDGEMENT This appeal is directed against the judgment dated 30.9.2010 passed by 9th Additional Session Judge, Ujjain in S.T. No.621/2008. By the impugned judgment, appellants have been found guilty of offences punishable u/s. 325/34 of the Penal Code and were sentenced to undergo 3 years R.I. each with fine of Rs.1,000/- with default stipulation. Appellants have also been found guilty of 1 offences punishable u/s. 323/34 and sentenced by imposing fine of Rs.500/- each with default stipulation. 2. Appellants are brothers. They were prosecuted for the offences punishable u/s. 294, 326, 323, 506(2) read with Section 34 of the Penal Code on the allegation that on 30.8.2008, they assaulted Dilip and Shantilal in a public place. Appellants denied the charges and claimed that they were falsely implicated. 3. Considering the prosecution evidence, learned trial Judge found the appellants guilty only of the offences punishable u/s. 325/34 and 323/34 of the Penal Code and sentenced them, as aforesaid. Appellants were acquitted of the charges framed u/s. 294, 326 and 2 506(2) of the Penal Code. Hence, this appeal. 4. It is submitted that appellants have no criminal history and they are leading peaceful life without any untoward incident. 5. The only contention urged is regarding quantum of sentence awarded to appellants. It is submitted that the jail sentence already undergone by the appellant would meet the ends of justice, hence they should be let off with the aforesaid reduced sentence. 6. Considering the fact that appellants have remained in Jail for almost 28 days, therefore, while maintaining their conviction we direct that their jail sentence u/s. 325/34 be reduced to the period already undergone. The direction with regard to payment of 3 fine with default stipulation u/s. 325/34 shall remain intact. 7. In view of the foregoing discussion, appeal stands partly allowed to the extent indicated hereinabove. Appellants are on bail. Their bail bonds, if fine amount deposited by them, shall stand discharged. Order accordingly. (S.K. SETH, J.) Alok/ 4