ORDER :

K. Natarajan, J.

1. This revision petition has been filed by the petitioners/accused Nos. 1 and 2, being aggrieved by the judgment of conviction and order of sentence passed by the JMFC, Bhatkal (hereinafter referred to as 'the trial Court', for short) in CC No. 1027/2007 for the offences punishable under Sections 323, 324, 355, 447 R/w. Section 34 of the IPC, which is modified by Court of the Principal District and Sessions Judge, Uttara Kannada (hereinafter referred to as the first Appellate Court', for short), by its judgment and order dated 30.04.2019 passed in Crl.A. No. 254/2007.

2. Heard the arguments from both sides and perused the records. The rankings of the parties before the trial Court are retained for the purpose of brevity.

3. The case of the prosecution is that, on 12.01.2007 at 1300 hours within the jurisdiction of Murdeshwar village at Kolgeri, Uttarkoppa village, the accused with a common intention constituted together on previous ill-will and picked up quarrel with the complainant - Nagappa Manjappa Naik, in connection with the dispute of taking water from the tank and also with an intention to assault the complainant accused No. 1 tied stone in his lungi and assaulted the complainant on his face, and accused No. 2 also assaulted the complainant with footwear. Accused No. 3 (already acquitted by the Sessions Court) and also accused No. 1 abused the complainant in filthy language and subsequently one Nagaraj Kulla Naik and Venkatesh Narayana Naik have pacified the quarrel.

4. After registering the case on the complaint of the complainant, the police registered the case in Crime No. 2/2007 and later filed charge sheet. After framing of the charges, the prosecution examined 9 documents and three material objects. After concluding the evidence, the statement of the accused under Section 313 Cr.P.C. was recorded and the trial Court held accused Nos. 1 to 3 guilty for the offences punishable under Sections 323, 324, 504, 355 and 447 r/w. Section 34 of the IPC and convicted them to undergo imprisonment for various terms and to pay fine for said offences. The same was challenged by the accused by filing of the Criminal Appeal No. 254/2007 before the first Appellate Court, which came to be allowed in part. The judgment and order of conviction passed by the trial Court is modified by the first Appellate Court as under :

"The appeal filed by the appellants is hereby partly allowed.

Accused No. 3 is acquitted for the offences under Sections 323, 324, 504, 355 and 447 r/w. 34 of IPC. His bail bond and surety bond, if any is ordered to be cancelled. Fine deposited, if any by accused No. 3 is ordered to be refunded to him.

It is further ordered that the accused Nos. 1 and 2 are acquitted for the offence under Section 504 R/w. Section 34 of IPC. Fine if any deposited by them in respect of said offence is to be refunded to them.

The accused Nos. 1 and 2 are hereby convicted for the offence punishable under Section 323 r/w. 34 of IPC by imposing 3 months rigorous imprisonment and fine of Rs. 250/- each and in default to payment of fine to further undergo one month rigorous imprisonment.

The accused Nos. 1 and 2 are hereby convicted for the offence under Section 324 r/w. 34 of IPC by imposing 6 months rigorous imprisonment and to pay fine of Rs. 2,000/- each and in default to payment of fine to further undergo rigorous imprisonment for 3 months.

The accused Nos. 1 and 2 for are hereby convicted for the offence under Section 355 r/w. Section 34 by imposing 3 months rigorous imprisonment and to pay fine of Rs. 1000/- each and in default to payment of fine to undergo rigorous imprisonment for a period of one month.

The accused Nos. 1 and 2 are hereby convicted for the offence under Section 447 r/w. 34 of IPC by imposing one month rigorous imprisonment and to pay fine of Rs. 500/- each and in default to payment of fine to undergo rigorous imprisonment for seven days.

All the sentences shall run concurrently.

Out of the fine amount depo