section 325 of I.P.C. against the appellant no. 1 Abdul Majid is sustained and upheld for causing grievous injury to the informant Gyasuddin. 23. Accordingly, the judgment of conviction and order of sentence dated 07.04.2003 and 09.04.2003 respectively, passed by the learned Additional Sessions Judge, Fast Track-2nd , Pakur in Sessions Case No. 123/1998 of 87 /2002, as far as it pertains to section 307 of I.P.C against both the appellants cannot be sustained and is set aside. However, conviction of the appellant no.1 Abdul Majid under section 325 of I.P.C. as passed by the learned trial court is sustained and upheld. Consequent to the acquittal of the appellant no.2 Md. Ismail of charge under section 307 of I.P.C, appellant no.2 Md. Ismail is discharged from the liabilities of bail bond. 24. Regarding sentencing of appellant no.1 Abdul Majid under section 325 of I.P.C I, find that occurrence is of 21 years ago which occurred in 1997. Appellant at the time of the passing of the impugned judgement was 52 years old and now after 15 years he would be around 67 years of age and has faced rigors and vigour of trial. From the record it appears that appellant no. 1 has undergone about 9 months in custody and hence at this stage, period already undergone by the appellant Abdul Majid is considered as sentence sufficiently served and therefore, his sentence is restricted to the period already undergone by him. However, fine of Rs. 1,000/- as imposed by the learned trial court remains. Appellant no. 1 Abdul Majid is directed to pay consolidated compensation of Rs.5,000/- to the injured or the informant Gyasuddin within two months of the date of receipt of copy of this judgment. In default of payment of compensation amount, appellant will further undergo two months SI. Appellant may deposit the compensation amount in the concerned or successor court below. Appellant no.1 Abdul Majid will be discharged from the liability of bail bond only after payment of the compensation amount.
