H J Stanyo, Esquire—The applicants in this case were convicted under section 324 of the Indian Penal Code, and sentenced to rigorous imprisonment for a term of Four months each, by a Magistrate of the second class. On appeal, the District Magistrate maintained the convictions, but altered the sentence of each accused to one of fine only. In the case of the applicants Sitaram, Manikrao, and Govinda, the fine adjudged was Rs. 300 each: while the remaining four applicants were ordered to pay fines of Rs. 100 each. In default, rigorous imprisonment was ordered, for four months, against these who had to pay Rs. 300, and two months in the other cases.

2. The applicants have moved this Court in revision, and two points are pressed before me, namely -

(1) that all the applicants committed the hurt charged in the legal exercise of a right of self-defence ; and

(2) that, in any case, the sentences of fine passed on applicants Sitaram, Manikrao, and Govinda are illegal, so far as they exceed the maximum fine which could have been inflicted by the Magistrate by whom the accused were tried.

3. The first of these objections may be very briefly dealt with. The learned District Magistrate has