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6. Having considered minutely the evidence on record, oral as well as documentary, which we have appreciated, re- appreciated and reconsidered in light of the latest decisions of the Apex Court we find that the finding of facts as far as the HC-NIC Page 4 of 6 Created On Thu Oct 15 00:42:27 IST 2015 R/CR.A/999/2009 JUDGMENT conviction of the original accused under Sections 307, 323, 325, 294 & 114 of Indian Penal Code as also under section 135(1) of B.P. Act of Indian Penal Code is concerned, the same is just and proper. Moreover, since there is no appeal filed by the accused against the conviction and sentence, we confirm the conviction imposed upon the original accused. However, it is required to be noted that Jayeshbhai was seriously injured because of head injuries sustained by him and was unconscious for about three or four days and had also suffered paralysis on left side and also had multiple brain hemorrhage. Therefore, going by the injuries sustained by the injured persons, we are of the view that the trial court though has rightly convicted and sentenced the accused, but the benefit of probation granted to them is erroneous. We are inclined to quash the probation granted to them.