Sentence reduced to period undergone given 21-year litigation pendency and absence of criminal antecedents.

The applicant, Shriram @ Nanhu, was married to the complainant, Smt. Mayamati, in approximately 1985

The complainant alleged that from January 2005, the applicant subjected her to cruelty and physical assault while demanding a motorcycle from her parents

After living apart for 2.5 years, she returned to the matrimonial home, where she was again assaulted

The trial court (JMFC) convicted the applicant under Sections 498-A and 323 of the IPC

On appeal, the Additional Sessions Judge set aside the conviction under Section 498-A but maintained the conviction and one-month sentence under Section 323 IPC

The applicant filed this revision challenging the sentence, highlighting that he had served 14 days in jail, the litigation had lasted 21 years, he had lost his government job, and he suffered from ill health

1. Whether the conviction of the applicant under Section 323 of the IPC was sustainable based on the evidence of record

2. Whether the sentence of imprisonment should be reduced to the period already undergone (14 days) given the mitigating circumstances including the duration of trial and the applicant’s socio-economic status

The Court primarily applied Section 323 of the Indian Penal Code, 1860, which provides punishment for voluntarily causing hurt

Procedurally, the Court exercised its revisional jurisdiction under Sections 397/401 of the Code of Criminal Procedure (CrPC) to examine the legality and propriety of the sentence

the principle of judicial discretion in sentencing, which allows for the reduction of a term of imprisonment to the "period already undergone" based on the balance of aggravating and mitigating factors, such as the length of the lis and absence of criminal antecedents

Provisions of Section 481 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding bail bonds, were also noted

The Court confirmed the applicant's conviction by corroborating the testimony of the complainant (PW-3), her parents (PW-7 and PW-6), and the medical evidence provided by Dr. R.L. Sidar (PW-9)

the applicant did not challenge the conviction but only the quantum of punishment

the applicant had already served 14 days in custody between April and May 2017

the criminal proceedings had been pending for over 21 years (since 2005)

the applicant had no prior criminal record and had already suffered the collateral penalty of termination from government service

The Court reasoned that these circumstances justified a reduction in the jail sentence to the period already served to meet the ends of justice

It affirmed the conviction under Section 323 IPC but modified the sentence of one-month simple imprisonment to the period of 14 days already undergone by the applicant

The fine amount and the default sentence were maintained

The Court further directed that the applicant’s bail bonds remain in force for six months pursuant to Section 481 of the BNSS, 2023