M. D. BHATT, J. ( 1 ) THIS is the appeal preferred from jail by the accused Mansu Gond who on his conviction under section 324 of the I. P. C. has been sentenced to undergo one years R. I. ( 2 ) ON 6. 9. 1985, the appellant-accused being dissatisfied to the partition of property amongst himself and his brothers had assaulted the brother P. W. 2 Mahesha by means of an axe resulting in incised wound on the right side of his shoulder. After investigation, the appellant-accused was put up for trial under section 307 of the I. P. C. The trial Court however in the light of incriminating evidence on record, convicted and sentenced the appellant tot the extent as stated at the outset. Hence, the present appeal from jail. ( 3 ) ADVOCATE Shri Ajay Singh, appearing as an Amicus-Curiae for the appellant-accused, after scrutiny of evidence on record has candidly stated at the outset that he does not any longer press the appeal against conviction and prays only for reduction of sentence looking to the mutual relationship with the victim and also the fact that the appellant accused is an illiterate Gond belonging to an aboriginal tribe. ( 4 ) I have scrutinized the evidence on record and so also the evidence of the doctor. The appellant-accused is found to be rightly convicted under section 324 of the I. P. C. Record shows that till the delivery of judgment of the trial Court on 25. 10. 1986, the appellant accused had remained in judicial custody for 42 days; and after the delivery of the judgment, he is continuing to be in judicial custody till now for a total period of about six months and ten days. The appellant- accused is a member of aboriginal tribe and is a totally illiterate person residing in a rural area of a backward district. It is a family dispute in the matter of partition, which had led to the incident resulting in only one injury and that too, on the shoulder region. I am of the view that the imprisonment already undergone is quite sufficient in the matter of the offence committed. ( 5 ) IN the result, thus, the appeal is partly allowed in the matter of sentence. I am of the view that the imprisonment already undergone is quite sufficient in the matter of the offence committed. ( 5 ) IN the result, thus, the appeal is partly allowed in the matter of sentence. Maintaining the order of conviction of the appellant accused under section 324 of the I. P. C. and modifying the order of trial Court in the matter of sentence, it is ordered that the appellant-accused be and is now sentenced to imprisonment already undergone for the offence under section 324 of the I. P. C. Accordingly, the appellant accused be released forthwith from jail, if no longer required in any other case. .