Sentence reduced to period undergone for Section 307 IPC offence considering 19-year pendency and prior incarceration.

The appellant was accused of assaulting the injured, Sharda Prasad, with an axe on his head and right arm at approximately 14:30 hours in 2007.

Following a report by the victim’s wife, an offence was registered under Section 307 of the IPC.

The Trial Court (2nd ASJ, Pawai) convicted the appellant on September 14, 2010, sentencing him to 5 years rigorous imprisonment (RI) and a fine of Rs. 1,000.

During the pendency of this appeal, the appellant served 4 years and 3 months of his sentence.

Although the parties attempted to compound the case under Section 320(2) Cr.P.C., the complainant died before statements could be recorded, preventing a formal compromise.

The appellant limited his prayer to the reduction of the sentence to the period already undergone.

1. Whether there is sufficient evidence to sustain the conviction of the appellant under Section 307 of the IPC

2. Whether the jail sentence can be modified to the period already undergone (approx. 4 years and 3 months) given the lapse of 19 years since the incident and the nature of the injuries

Section 307 of the Indian Penal Code (IPC) regarding the attempt to murder, focusing on the nature of injuries (grievous vs. simple) and the weapon used

Section 374(2) of the Cr.P.C. (read with Section 415 of the B.N.S.S.) for the appellate power to review convictions and sentences

The Court affirmed the conviction based on the testimony of the injured witness (PW-1) and eye-witnesses (PW-3, PW-4), which were corroborated by medical evidence from Dr. Arti Sondhiya (PW-10).

The medical report confirmed three injuries, including a 3 cm x 1 cm lacerated wound on the head deemed "grievous in nature".

While the conviction was justified, the Court found merit in the plea for sentence reduction, considering mitigating factors: the incident occurred 19 years ago (2007), the appellant had already served a substantial portion of his sentence (4 years and 3 months out of 5 years), and the parties had attempted a compromise prior to the complainant’s death.

The Court determined that the ends of justice would be served by modifying the sentence while increasing the fine.

The fine was enhanced from Rs. 1,000 to Rs. 10,000, payable within one month, failing which the appellant must serve the remainder of the original sentence, and the appellant's bail bonds were discharged.