JUDGMENT 1. - The accused Poonja has been convicted u/s 307 and 326 I. P. C. and sentenced to five years' R. I. under each count. Both the sentences have been made concurrent. Against his conviction and sentence dated 16. 11. 81, he has filed this appeal through jail. 2. I have heard the learned Amicus Curiae and the learned P.P. and have gone through the record. 3. The learned Amicus Curiae does not challenge the conviction of the appellant and in my opinion, rightly so. The learned Amicus Curiae has however, urged that the sentence awarded to the appellant is a little bit harsh and he has already undergone a major part thereof. Therefore, it may be reduced to that already undergone. 4. Having heard the Amicus Curiae and the learned P. P. and having also gone through the record. I am of the opinion that this contention of the learned Amicus Curiae deserves to be accepted. 5. According to the case of the prosecution, the accused Poonja had some animosity with his brother Devji on account of some `tender' and Devji also suspected illicit intimacy between his wife and the accused. On night between 26th and 27th April, 1981, when Devji and accused were sleeping outside their house on adjoining cots, the accused got up in the night and dealt sword blows on Devji cutting his hand lying on the head and also caused an injury to his fore-head. These injuries in the opinion of the doctor, were grievous and the head injury was dangerous to life. The prosecution supported the evidence of Devji, the injured and also the inmates of the house, who immediately got up after the incident. The conviction of the appellant, therefore, in these circumstances, has rightly not been challenged by the learned Amicus Curiae. 6. Now coming to the question of sentence, the accused has given his age as 16 years whereas the learned Sessions Judge has estimated it between 22 and 23. In these circumstances, there is no doubt that the accused is a very young person, There was some ill-will between the accused and his younger brother admittedly and in these circumstances, the accused inflicted blows on the head of the brother. The accused was arrested on 17. 5. 81 and was in custody throughout the trial and up till now. In these circumstances, there is no doubt that the accused is a very young person, There was some ill-will between the accused and his younger brother admittedly and in these circumstances, the accused inflicted blows on the head of the brother. The accused was arrested on 17. 5. 81 and was in custody throughout the trial and up till now. Looking to all these circumstances, I am of the opinion that the sentence already undergone by him, would serve the ends of justice. 7. I, therefore, partly allow this appeal and while maintaining the conviction of the appellant u/ss 307 and 326 I.P.C., I reduce the sentence awarded to him to that already undergone. The appellant shall be released forthwith if not required in any other case.Appeal partly allowed. *******