IMPORTANT POINT
The court may reduce a sentence to the period already undergone considering the time served and circumstances of the case.

JUDGMENT :

Manoj Kumar Garg, J.

1. Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 21.12.2023 passed by learned Additional Sessions Judge No.2, Udaipur in Session Case No.241/2020 by which the learned Judge convicted the appellant for offence under Sections 307, 326, 324 & 448 IPC and Section 4/25 of Arms Act and sentenced him as under :

All the sentences were ordered to run concurrently.

2. Brief facts of the case are that on 30.06.2020, complainant Mohanlal gave information to Harmerlal, ASI, PS Hiran Magri at Maharana Bhupal Hospital, Udaipur to the effect that he has three sisters and his younger sister namely Smt. Nani was married to appellant about eight years back. Smt. Nani has two children out of said wedlock. The appellant, her husband, does not work and also beats up Smt. Nani after consuming liquor, as a result of which about ten days back, she had come to her maternal home. It was further alleged that the complainant’s father had refused to send back Smt. Nani, as a result of which appellant was enraged and used to hurl abuses outside their house. Last night, when his father was sleeping in the compound of their house and other family members were sleeping on the roof, at about 3:00 am, appellant armed with sharp edged knife came and mounted attack on his father Sava, causing injuries. On hearing hue and cry, they came down and saw appellant inflicting injuries. Sawa was taken to hospital, where he was admitted. On this, FIR was registered by the Police and investigation commended.

3. On completion of investigation, the police filed challan before the trial court. Thereafter, the charges of the case were framed against the appellant, who denied the same and claimed trial.

4. During the course of trial, the prosecution examined 15 witnesses and exhibited certain documents in support of its case. Thereafter, statement of appellant under section 313 Cr.P.C was recorded.

5. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 21.12.2023 convicted the present appellant for offence under Sections 307, 326, 324, 448 IPC and Section 4/25 of Amrs Act and sentenced him as mentioned above.

6. At the threshold, counsel for the appellant does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2020 and the appellant is behind the bars since 30.06.2020 and has so far suffered a sentence of about four year and four months, out of total sentence of 10 years R.I. and including remission, the appellant has suffered about five years sentence. Counsel submits that according to the statement of Dr. Prashant Sharma (PW-13), injured received total nine injuries, out of which, injury No.1 which in on his left cheek & injury No.9 which is on his fingers of right hand, are grievous in nature. Counsel submits that looking to the custody period of the appellant, the substantive sentence awarded to the accused-appellant for the offence under Sections 307, 326, 324, 448 of IPC and Section 4/25 of Arms Act may be reduced to the period already undergone by him and also considering the fact that the appellant is a very poor person, the fine imposed by the trial court may be waived.

7. On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarde