1. Accused petitioners have filed this criminal revision petition against the judgment & order dated 12.12.1995 of the learned Addl. Sessions Judge, Gangapur City, confirming the conviction and sentence recorded by the learned trial Court (Addl. Chief Judicial Magistrate, Gangapur City) dated 11.10.94 for the offences under sections 326 and 326/34. The learned trial court convicted and sentenced the accused petitioners as under:

2. On an appeal by the accused petitioners the learned Addl. Sessions Judge acquitted all the accused petitioners from the offence under sections 323 and 324 Indian Penal Code as the compromise was filed by the parties and maintained the conviction and sentence awarded by the learned trial court for the offences under sections 326 and 326/34 IPC.

3. Brief facts of the case are that a criminal case was registered at P.S.Garhmora District Swaimadhopur on 12.5.82 on the basis of Parcha Bayan of complainant injured Omvir with regard to the incident which took place on 10.5.82 at 6.00 PM. It was averred in the Parcha Bayan that there is common open place (Guwari) belonging to him and his grand-father Hansa. When he was coming alongwith his brother Man Singh, the accused petitioners came armed with Gandasi and Lathis and abused him. Accused petitioner Raju Lal inflicted two Gandasi below on his hand. Accused petitioner Nangu inflicted Gandasi blow on the head of his brother Man Singh. When his father Prabhu came at the site to rescue them, accused petitioners gave beating to him also. On this Parcha Bayan, FIR No.35/82 was chalked out and a criminal case was registered for the offences under sections 323 and 324 Indian Penal Code at the police station Garhmora. The police after necessary investigation, filed the chargesheet in the trial court for the offences under sections 323, 324,325 and 326/34 IPC. The learned trial court after framing charges, recording evidence and after examining the accused petitioners under section 313 Cr.P.C. convicted and sentenced the accused petitioners as aforesaid and on appeal learned Addl. Sessions Judge passed the impugned order.

4. I have heard learned counsel for the accused petitioners and have gone through the record of the case and the impugned judgment.

5. Learned counsel for the accused petitioners has submitted that the occurrence took place on 10.5.82 and more than a decade has elapsed and in the meantime the parties have sorted out their difference, entered into compromise and therefore, a lenient view may be taken while awarding the sentence to the accused petitioners. In support he has placed reliance in Bankat & Anr. v. State of Maharashtra, 2005(1) CCC 931 (S.C). It was next submitted that the incident took place all of a sudden and without pre-concert of minds, therefore, both the courts below have erred in convicting the accused petitioners Nangu and Ram Charan with the aid of secti