The court affirmed the conviction under Section 326 IPC but reduced the sentence to the period already served, considering the appellant's status as a first offender and a compromise with the complainant.

This jail appeal has been filed by the appellant being aggrieved by the judgment dated 12.09.2023 passed by Sessions Judge, Shivpuri, in Session Trial No.105/2022 whereby the appellant has been convicted under Section 326 of IPC and sentenced to undergo 5 years RI with fine of Rs.5,000/- with default stipulation.

2. In brief the case of the prosecution is that the appellant, who is the husband of the complainant, on the point of sending the complainant to her maternal home abused and threatened her. The complainant told that she will not go to her maternal home, even then appellant slapped her and with the help of scissor cut her nose and ran away. The complainant was thereafter taken to a doctor who gave her primary treatment. Afterwards she lodged the FIR along with her brother and father on which case was registered. After completion of investigation, charge-sheet was filed before the JMFC, 1 CRA-14938-2023 NEUTRAL CITATION NO. 2024:MPHC-GWL:19730 Kolaras, who committed the case to the trial Court. Thereafter charges were framed against the appellant which he denied and claimed for trial. After trial, appellant has been convicted and sentenced as aforesaid.

3. Learned counsel for the appellant/accused at the outset submitted that he is not challenging the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that as per the report received from the Jail Superintendent, Circle Jail, Shivpuri, appellant has already suffered 1 year 14 days incarceration without remission as on 25.09.2024 and with remission he has suffered 2 years 27 days incarceration. The appellant and complainant are husband and wife. Complainant turned hostile in her cross-examination and denied the entire story. A compromise also arrived at between the parties. He is facing the agony of trial since 2022 and he is the first offender. He is a poor person and after arriving at compromise with his wife, he is willing to reside with her peacefully. Therefore, it is prayed that sentence of the appellant may be reduced to the period already undergone by him.

4. Learned counsel for the State supported the impugned judgment but he has no objection on deciding the appeal on the point of sentence.

5. Heard the learned counsel for the parties and perused the record.

6. As per the impugned judgment, the appellant has been convicted under Section 326 of IPC and sentenced to undergo 5 years RI with fine of Rs.5,000/-. It is also apparent from the record that appellant and complainant are husband and wife. Appellant is the first offender. As per the report received from the Jail Superintendent, Circle Jail, Shivpuri, appellant has 2 CRA-14938-2023 NEUTRAL CITATION NO. 2024:MPHC-GWL:19730 NEUTRAL CITATION NO. 2024:MPHC-GWL:19730 CRA-14938-2023 already suffered 1 year 14 days incarceration without remission as on 25.09.2024 and with remission he has suffered 2 years 27 days jail sentence.

As stated by learned counsel for the appellant, a compromise also took place between the parties, and therefore, she turned hostile in her cross-

examination. There is no criminal history against the applicant and he is the first offender. Therefore, it would be appropriate to reduce the sentence to the period already undergone by him.

7. Consequently, while affirming the conviction of appellant under Section 326 of I.P.C. the sentence for that offence is reduced to the period already undergone by him while maintaining the sentence of fine. Order of trial court regarding disposal of property, if any, is also affirmed.

8. The appellant is in jail, he be released forthwith, if not required in any other case.

9. Record of the trial Court be sent back along with copy of the judgment.