The severity of the offence, the victim's recovery, and the appellant's offer of compensation were key factors in determining the quantum of sentence.

JUDGMENT

R.G.AVACHAT, J. - The challenge in this appeal is mainly to the quantum of sentence imposed against the appellant for offences punishable under Ss. 307 and 309 of the Indian Penal Code. The appellant was prosecuted for having slit throat of Master Ashitosh Pradeep Wabale with a knife in the afternoon of 13/5/2013 and thereafter attempted to commit suicide. The learned Additional Sessions Judge, Kopargaon (trial Court), vide impugned judgment and order dtd. 21/9/2018, passed in Sessions Case No.88/2013, convicted the appellant for the offence punishable under Sec. 307 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5000.00, in default to suffer rigorous imprisonment for six months, and further convicted the appellant for the offence punishable under Sec. 309 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000.00, in default to suffer rigorous imprisonment for 2 months.

2. Learned counsel for the appellant would submit that, the victim has been recovered of his injuries within a few days of the incidence. The appellant attempted to commit suicide as a remourse for the incidence, should have been considered by the trial Court as a mitigating circumstance. The sentence of life imprisonment is grossly disproportionate. The learned counsel, on his own, offered to pay the victim compensation for the injuries and consequential medical expenditure. According to him, the appellant has been in jail for little over four years. He has a wife and children to look after. The appellant was relation of the victim. He, therefore, urged for converting the sentence of life imprisonment to the sentence already undergone so far.

3. Learned A.P.P. would, on the other hand, submit that, it was a serious offence. An innocent child of 10 years of age had to be a victim of the appellant's rage. The victim was survived with the grace of God. As a result of assault, the victim has suffered a permanent disability. According to learned A.P.P., no case is made out for reduction in sentence of life imprisonment.

4. Considered the submissions advanced. Perused the evidence relied on. Sec. 309 of the Indian Penal Code stands eclipsed in the Statute Book. Sec. 115(1) of the Mental Healthcare Act, 2017 reads :-

"115. Presumption of severe stress in case of attempt to commit suicide :- (1) Notwithstanding anything contained in Sec. 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code." We, therefore, at the first instance, set aside the appellant's conviction for the offence punishable under Sec. 309 of the Indian Penal Code.

5. The incident took place in the afternoon of 13/5/2013. Victim Ashitosh along with his two cousins was playing near onion storage (). The appellant was engaged in cutting of grass. He had with him a sickle. He, all of a sudden, went close to Master Ashitosh. The appellant held the head of Master Ashitosh and cut his throat with a sickle. Master Ashitosh raised cries. On hearing the same, his mother - Sau. Vidya (P.W.1) rushed out of the house to find the appellant running away with a sickle in his hand. It is she who lodged the F.I.R. (Exh.14). On close scrutiny of her evidence, we do not find any reason to disbelieve her.

6. Master Ashitosh (P.W.14) gave evidence. He was a child of little over 10 years at the relevant time. We do not find his evidence to be a product of tutoring. His evidence would suggest that he was playing with his two cousins. It was afternoon. The appellant was armed with a sickle. The appellant, all of a sudden, slit his throat and put one hand on his mouth till he could raise cries. The appellant, therefore, took to his heels. From the cross-examination of Master Ashitosh (P.W.14), we do do not find anything to disbelieve his evidence. He was immediately r