The court has the discretion to reduce the sentence based on the circumstances of the case, while maintaining the conviction under Section 306 IPC.

Sabina, J

1. Accused -Dharam Pal appellant was convicted for an offence under Section 306 of the Indian Penal Code (for short `IPC') vide judgment dated 25.1.2000 passed by the Additional Sessions Judge, Hoshiarpur. Vide order of even date, the appellant was ordered to undergo rigorous imprisonment for a period of seven years and a fine of Rs.500/-. Hence, the present appeal by the accused-appellant.

2. Prosecution case, as noticed by the trial Court in para No. 2 of its judgment, is reproduced herein below:-

“2. Brief facts of the case as contained in the report submitted under Section 173 of the Criminal Procedure Code are that on 7.9.1996 a statement Ex.PD was made by Bachna Ram son of Bhura Ram, resident of village Nainwan, Police Station Pojjewal before ASI Bakshish Singh to the effect that he has got five daughters and two sons . His one daughter Balwinder, aged 24 years was married with Dharam Pal son of Ram Nath, resident of village Bhandiar, Police Station Garhshanker about two years back. It has been further stated that after two months from the date of marriage her in-laws started giving beating to her daughter on the ground that her one leg was weak. It was further stated by him that some persons of the village of her son-in-law Dharam Pal told him that his daughter Balwinder was quite unhealthy because of the ill treatment of her in-laws. Dharampal and other members of his family had been taunting his daughter because of one weak leg and sometime she was also turned out from the house. She was also not provided food. Then he took the Panchayat a number of times and left his daughter with her in-law's house. It was further stated by Bachna Ram in his statement that about ten days back, her daughter had been turned out by her in laws but on the assurance of Dhanush Singh son of Parshotam Singh, who was also known to Dharam Pal, he sent his daughter. Now he has received intimation that his daughter has been admitted in the hospital at Garhshankar, the dead body of his daughter was lying in the ambulance. He has further stated that his daughter has committed suicide because of the harassment caused by her husband and other members of the family and the action shouldbe taken against them. On he basis of the statement Ex.PD made by Bachna Ram an FIR Ex.PD/2 was registered against the accused.”

3. Learned counsel for the appellant-Dharam Pal, during the course of arguments, has not challenged the conviction of the appellant under Section 306 IPC but has submitted that sentence qua imprisonment of the appellant may be reduced to already undergone by him. At the time of marriage of the appellant with the deceased, the appellant was already aware that she was having weakness in her leg. Learned counsel has submitted that the appellant is facing the criminal proceedings since the year 1999.

4. Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the appellant to already undergone by him.

5. Hence, the conviction of the appellant under Section 306 IPC is maintained. However, the sentence qua the imprisonment of the appellant is reduced to already undergone by him. Fine, if not deposited by the appellant, as imposed by the trial Court, be deposited within two months from today failing which the appeal shall stand dismissed.

Appeal stands disposed of accordingly.

Appeal disposed of.