Conviction Under Section 324 IPC Upheld but Sentence Reduced to Period Undergone Due to Protracted Trial.

On February 14, 2003, while the informant (Laloo Mahto) was at his ice factory, the appellant (Laxmi Paswan) and two others entered and began verbal abuse. On the orders of a co-accused, the appellant allegedly inflicted a 'Farsa' (axe) blow on the informant’s left hand.

The trial court (Additional District & Sessions Judge, Rosera) convicted the appellant under Sections 447 and 324 of the Indian Penal Code (IPC), sentencing him to a maximum of two years simple imprisonment and a fine of ₹5,000.

Total fourteen witnesses were examined, though several prosecution witnesses (P.W. 1, 2, 3, 4, 7, and 8) turned hostile.

1. Whether the prosecution successfully established the guilt of the appellant under Sections 447 and 324 of the IPC given the hostility of multiple witnesses?

2. Whether the sentence imposed by the trial court warrants modification considering the passage of time and the appellant's age?

The Court applied Section 447 of the IPC regarding criminal trespass and Section 324 of the IPC concerning voluntarily causing hurt by dangerous weapons or means.

The court also exercised its appellate discretion regarding the proportionality of sentencing, balancing the nature of the injury against the age of the offender and the "ends of justice" principle.

The Court evaluated the testimony of the material witnesses, specifically P.W. 5 (father of the informant), P.W. 6 (brother), and P.W. 9 (the informant himself), finding them "completely trustworthy" despite other witnesses turning hostile.

The ocular evidence of the 'Farsa' assault was corroborated by the medical testimony of P.W. 10 (Dr. Bidyasagar Yadav), who recorded an incised wound on the informant’s left arm.

On the matter of sentencing, the Court noted that the incident occurred in 2003 (23 years prior), the appellant is now over 60 years old, and he has no subsequent criminal record. While the maximum sentence was two years, the appellant had previously served one month in custody during the trial phase.

Additionally, the Court waived the fine of ₹5,000 and discharged the appellant from the liability of his bail bonds. The appeal was disposed of with the modification of the sentence.