Manoj Kumar Garg, J.

The appellants have filed the present Criminal Appeal under Section 374(2) Cr.P.C. against the judgment dated 29.04.2009 passed by learned Additional Sessions Judge (FT) Jalore Camp Bhinmal in Sessions Case No. 53/2007 (26/07) whereby the appellants have been convicted for offences under Section 447, 326, 324, 323 read with 34 IPC and sentenced as under :-

Section 447 IPC	One month simple imprisonment
Section 323/34 IPC	Six months R.I.
Section 324/34 IPC	One year rigorous imprisonment
Section 326/34 IPC	Five years rigorous imprisonment and a fine of Rs. 5000/- in default of payment of fine to undergo six months R.I.

2. Brief facts of the case are that the complainant Prakash Chandra lodged an FIR on 10.03.2007 at around 5 PM at P.S. Chitalwana stating therein that on that day, in the morning at around 9 am, when his brother Kishan lal was going to school, the accused appellants came armed with axe and spade and started beating Kishan lal. On raising voice, the complainant Prakash Chandra, Babu and Jagdish came on the site and intervened.

3. On the aforesaid complaint, case was registered at Police station. The police after due investigation filed challan under Section 447, 323, 324, 307/34 IPC.

4. The trial Court framed charges against the accused appellants for offence under Section 447, 307, 307/34, 326, 326/34, 324, 324/34, 323, 323/34 IPC. The accused appellants denied the charges and claimed trial.

5. The prosecution in support of its case recorded statements of 13 witnesses and exhibited documents. The statement of accused respondent under Section 313 Cr.P.C. was recorded. On the defence side, no witnesses were examined.

6. After hearing arguments of both the sides, the trial Court convicted and sentenced the accused appellants for offence under Section 447, 326/34, 324/34 and 323/34 IPC as mentioned earlier.

7. Counsel for the appellants so also counsel for the complainant party submitted that a compromise has been arrived at between the parties and they have filed an application under Section 320 Cr.P.C. for taking the compromise on record. After filing of the application, the compromise arrived at between the parties has been duly verified before the Dy. Registrar (Judl.), Rajasthan High Court on 24.11.2017. Since the offences under Section 447, 323 and 324 IPC are compoundable, the compromise arrived between the parties is hereby taken on record and the accused appellants are acquitted for the offence under Section 323, 324, 447 IPC on the basis of aforesaid compromise.

8. So far as offence under Section 326 IPC is concerned, learned counsel for the appellants argued that the injuries sustained by the injured are neither grievous injuries nor present on vital parts except one. The alleged injury which has been shown to be grievous has been alleged to be caused by axe but there is no corresponding injury on the mouth of the injured, therefore, it cannot be said that this injury was caused by axe.

9. Per contra, learned Public Prosecutor vehemently opposed the prayer and submitted that no error has been committed by the learned trial court in convicting the accused appellants for offence under Section 326 IPC.

10. Counsel for the complainant submitted that since compromise has been arrived at between the parties, the complainant party does not want to pursue the present appeal and he has no objection if the appellants are acquitted of the charges levelled against them.

11. I have heard counsel for the appellants, learned Public Prosecutor as well as counsel for the complainant and gone through the entire record.

12. Dr. S.P. Mathur (P.W.12) found that the injuries caused to Kishan lal could be caused by hard and blunt objects and since there is no injury on the upper and lower lip, therefore, it cannot be said that the weapon used for assault was a sharp cutting weapon like