The court has the discretion to modify the sentence based on the appellant's medical condition, good conduct in jail, and the ends of justice.

JUDGMENT

Narayan Singh Dhanik, J. - Appellant has preferred this appeal to assail the judgment and order dated 18/19.12.2015, passed by the Additional Sessions Judge, Vikas Nagar, Dehradun in Sessions Trial No. 146 of 2006, whereby the appellant has been held guilty for the offence under Sections 304 IPC and sentenced to undergo ten years rigorous imprisonment and to pay a fine of rupees twenty thousand.

2. Miscellaneous application (IA 8570/2020) has been moved on behalf of the appellant with the prayer that the jail sentence imposed on the appellant be reduced to the period already undergone by him.

3. Learned Counsel for the appellant submitted that the appellant is just around 30 years old and he is a sole bread earner in the family; that there is no minimum sentence provided for the aforementioned offence and the appellant has already served four years ten months and 25 days in prison; that it is the first offence of the appellant; that the appellant has prehistory of urithroplasty and hepatomegaly with moderate fatty liver, urine retention and abdominal pain and is presently under the treatment of AIIMS, Rishikesh; and that the appellant has shown good conduct in the jail. Medical certificate has been annexed as Annexure No. 1 to the application. Custody certificate, issued by the Superintendent, District Jail, Dehradun, has also been annexed as Annexure No. 2, wherein it has been certified that the conduct of the appellant has been good in jail.

4. Learned State Counsel opposed the prayer of the appellant and contended that the trial court has already taken a lenient view while awarding the sentence.

5. Considering the rival submissions and the facts and circumstances of the case, the Court is of the view that the ends of justice would be subserved if the jail sentence of the appellant is reduced to five years and the fine is enhanced to rupees forty thousand. Consequently, the appeal is dismissed by affirming the conviction. However, the jail sentence is reduced from R.I. of ten years to R.I. of five years and the fine is enhanced from rupees twenty thousand to rupees forty thousand. Appellant shall deposit the fine within a period of three months from today. In default of payment of fine, the appellant shall undergo imprisonment for one year. Amount of fine deposited earlier, if any, shall be adjusted. The impugned judgment and order stands modified to the extent indicated above. Miscellaneous application (IA 8570/2020) also stands disposed of accordingly.

6. The appellant is in jail. He shall serve the sentence as modified by this Court. Let a copy of this judgment and order, along with the LCR, be sent back to ensure its compliance.