1. Leave granted.

2. Notice was issued only limited to quantum of sentence.

The appellant has been convicted for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for short, “the IPC ”). He has been directed to undergo rigorous imprisonment for 10 years which is the maximum sentence under Section 306 of the IPC .

3. Perusal of the judgment of the Trial Court shows that no reasons have been recorded why maximum sentence has been imposed. Even in the judgment of the High Court, there is no discussion on this aspect.

4. After having perused the evidence of the prosecution witnesses, we find that in the facts of the case, rigorous imprisonment for 5 years will be the appropriate sentence.

Digitally signed by KAVITA PAHUJA Date: 2024.05.04 12:40:30 IST Reason:

Signature Not Verified

5. We, accordingly, modify the impugned judgment passed by the Trial Court and confirmed by the High Court and direct that the substantive sentence of the appellant shall be of rigorous imprisonment for 5 years.

6. The appeal is partly allowed on above terms.

7. Pending application(s), if any, shall stand disposed of.

......................J. (ABHAY S. OKA) ......................J. (UJJ