Sentence Reduced to Period Undergone for Section 307 IPC Conviction upon Enhancing Fine Amount

On December 20, 2021, the appellant assaulted his wife, Leela Kori (PW-10), with a sharp-edged weapon (gandasa), causing injuries to her head and right palm.

The Trial Court (6th ASJ, Rewa) convicted the appellant under Section 307 of the IPC and sentenced him to seven years of rigorous imprisonment.

The appellant appealed to the High Court, electing not to challenge the conviction on merits but seeking a reduction in the quantum of sentence, noting he had already served 4 years, 6 months, and 22 days in custody.

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 substantive sentence of seven years should be reduced to the period already undergone by the appellant.

The court applied Section 307 of the Indian Penal Code (IPC), which pertains to the offense of attempted murder.

The court exercised its appellate jurisdiction under Section 374(2) of the Cr.P.C. (or Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023) regarding the modification of sentences.

The court relied on the principle that sentencing should be proportionate to the circumstances of the offender, noting that the appellant was not a habitual offender.

The Court reviewed the testimonies of the injured eye-witness (PW-10) and medical experts (PW-8 and PW-11), confirming that the appellant used a lethal weapon (gandasa) to inflict injuries on vital parts (head), which corroborated the conviction under Section 307.

Regarding the sentence, the Court observed that the appellant had already served over four and a half years of his seven-year sentence.

Finding that the appellant was not a hardened criminal and that the ends of justice would be met by a modified sentence, the Court decided to reduce the term of imprisonment to the period already served while significantly increasing the fine to serve as a sufficient deterrent.

The substantive sentence of seven years was reduced to the period of 4 years, 6 months, and 22 days already undergone.

Concurrently, the court enhanced the fine from Rs. 2,000 to Rs. 20,000. The appellant was ordered to be released forthwith upon payment of the enhanced fine, provided he is not required in any other case.