Conviction Upheld but Sentence Reduced to Period Undergone with Enhanced Fine for Simple Injuries

The appellant was accused of assaulting the complainant on August 14, 2022.

Following investigation, the Sessions Judge, Shahdol, in ST No. 268/2022, convicted the appellant under Section 307 of the IPC (Attempt to Murder), sentencing him to five years of rigorous imprisonment (R.I.) with a fine of ₹3,000.

The appellant challenged this conviction and sentence in the High Court, primarily contending that the injuries sustained by the victim were simple in nature according to the medical testimony of Dr. R.K. Shukla (PW-17).

The appellant had been in custody since the date of the incident, August 14, 2022.

1. Whether the conviction of the appellant under Section 307 of the IPC is legally sustainable based on the evidence on record?

2. Whether the sentence of five years R.I. should be modified to the period already undergone by the appellant given the nature of the injuries and time spent in custody?

Section 374(2) of the Cr.P.C. and Section 415(2) of the Bhartiya Nagarik Suraksha Sanstha, 2023, regarding the right to appeal against conviction.

Section 307 of the IPC pertaining to attempt to murder.

The court exercised its appellate discretion to modify sentences based on the proportionality of the punishment relative to the nature of injuries and the "period already undergone" principle.

The High Court perused the trial record and the statements of prosecution and defense witnesses, concluding that the trial court's finding of guilt was based on a proper appreciation of oral and documentary evidence.

The medical evidence provided by Dr. R.K. Shukla (PW-17) established that out of four injuries, three—including the head injury—were "simple in nature" and not life-threatening.

Considering the appellant had already served approximately four years in jail (from August 2022 to the hearing in 2026), the Court determined that the ends of justice would be met by reducing the substantive prison sentence to the period already served while significantly increasing the fine amount to act as a deterrent.

The court modified the sentence under Section 307 IPC to the period already undergone by the appellant. The fine was enhanced from ₹3,000 to ₹15,000, to be deposited within two months. The Court ordered the appellant's immediate release if not required in any other case, subject to the default stipulations regarding the enhanced fine.