JUDGMENT Palok Basu, J. - This appeal has been filed by Jagat Singh against his conviction under Section 307, I.P.C. and sentence of ten years' R. I. as passed by the Assistant Sessions Judge, Nainital on 21-2-1984. The charge against the appellant was that on 2 6-1981, at about 11-30 a. m. near Dhobighat Paliya, Mohalla Rajpura, P. S. Haldwani District Nainital, the appellant assaulted Sri O. P. Sharma, Excise Inspector with a knife and caused him several injuries and thus committed an offence punishable under Section 307, I.P.C. 2. The case of the prosecution is that on 2-6-1981 one Krishna Avtar, constable in Excise Department was at the residence of Sri O. P. Sharma. At about 8.30 a. m on 2-6-1981 alongwith some other constables, the appellant, who was the servant of accused Pramod Kumar, since discharged had gone to the resident of Sri Sharma, as an informer giving details of a party who could be coming with charas. They alongwith Sri O. P. Sharma went to a particular godown at 10-30 a. m. The appellant made Sri Sharma change near a petrol pump and asked him to go in plain dress. The constables went behind them. In the meantime Sri Sharma raised an alarm, on hearing the same the constables reached towards Sri O. P. Sharma, when they saw the appellant running towards Gaula having a knife in his hand, who could not be sought in spite of a chase. Sri Sharma was taken to the Hospital. It is stated that for this crime one Pramod Kumar, whose illicit distillation of the liquor was inspected by the said Sri Sharma was responsible for conspiring. With these allegations in the aforesaid Krishna Avtar lodged the F.I.R. at 12-50 p. m. on 2-6-1981, The investigation was conducted by Sri R. K. Singh, sub-inspector, P. S. Haldwani, who found charges against the appellant made out. Pramod Kumar was, however, discharged for want of evidence by the trial Court. The appellant has been convicted and sentenced as noted above. Hence this appeal. 3. Sri P. N. Tripathi, Advocate was appointed as Amicus Curiae for pleading the case of the appellant by this Court and has argued the appeal with ability. 4. He has placed the entire record. Sri T. B. Islam, A. G. A. has held the brief of the State. 5. Hence this appeal. 3. Sri P. N. Tripathi, Advocate was appointed as Amicus Curiae for pleading the case of the appellant by this Court and has argued the appeal with ability. 4. He has placed the entire record. Sri T. B. Islam, A. G. A. has held the brief of the State. 5. The prosecution has examined P. W. 1 Krishna Avtar, P. W. 2 Shanker Lal and Sri O. P. Sharma, P. W. 3, the victim, who are the eye-witnesses of the occurrence. P. W. 4 Dr. Harish Kumar had examined Sri Sharma and had prepared injury report, Ext. Ka-2 and supplementary report Ext. Ka 3, who has also proved supplementary report prepared by Dr. S. P. Singh, Ext. Ka-4, P. W. 5 R. K. Singh is the Investigating officer. The victim Sri Sharma received following injuries. 1. Incised wound over the epigastrum region 3.5 x 1 cm. dimension 8 cm. above the umbicus. Depth could not be assessed. Omentum is coming out from the wound. Direction cannot be assessed. 2. 2.5 x 1 cm. long incised wound in anterior abdominal wall of 7 cm. below to umbious and 1 cm. left lateral to middle depth could not be assessed. Direction upward and modically. 3. 3 x 1 cm. x muscle deep incised wound over the flex or aspect of left arm, 6 cm. above the orbital fossa. Bleeding present. 4. 4 x 3 cm. abrasion over the dorsal aspect of left hand. 5. 2 x 25 cm. incised wound over dorsal aspect of left base of thumb. Subcutaneous deep. 6. Incised wound 2 x 25 dimension wound at tip of left ring finger palmer aspect. Subcutaneous deep. 7. Incised wound 1 x .75 cm. on left middle finger at 2nd phlynx. Subcutaneous deep. 8. 2.5 x 1 cm. long incised wound over left index finger extending 2nd phlynx to 1st phlynx. Palmer aspect Breeding present. 9. 4 x 1 cm. muscle deep over left palmer aspect of forearm 5 cm above wrist joint. 10. 2.5 x 5 cm. dimension incised wound over right palm extending to web space of middle and index finger. Muscle deep. Bleeding present. 11. 6 x 5 cm long incised wound over the palmer aspect of right index finger extending 1st inter phalyngeal crease to the tip of the finger. Muscle deep. Bleeding present. 12. 2.5 x .25 cm. 10. 2.5 x 5 cm. dimension incised wound over right palm extending to web space of middle and index finger. Muscle deep. Bleeding present. 11. 6 x 5 cm long incised wound over the palmer aspect of right index finger extending 1st inter phalyngeal crease to the tip of the finger. Muscle deep. Bleeding present. 12. 2.5 x .25 cm. incised wound over the chin subcutaneous deep. 13. Incised wound over the back of chest right side of the chest 2.5 x .75 dimension and 6 cm. lateral to mid line and 1 cm. away from angel of scapula. Depth could not be assessed. (X-ray chest advised). 14. 3 x .75 cm incised wound over the back of chest left side 3 cm. lateral to middle and 3 cm. away to angle of scapula. Bleeding present. Depth could not assessed. (X-ray chest advised;. 15. 3 x 2 cm x bone deep. Incised wound on back side over coccxx Bone towa two bone of coccxx are cut 16. 3 x .5 cm long muscle deep. Incised wound right side of buttock. 4 cm lateral to midline. Injury Nos. 1, 13 and 14 were found serious and grievous in nature and could have been sufficient for causing death. 6. The prompt lodging of the F.I.R. as well as prompt medical examination leaves no room for doubt about the truth of the prosecution case. There was absolutely no reason for P. W. 3 Sri O. P. Sharma or for that matter, P. W. 1 Krishna Avtar and P. W. 2 Shanker Lal to depose falsely against the appellant. The appellant denied his participation and attributed his false implication, but has led no evidence. Consequently the charge against the appellant has been brought home fully without any doubt and, therefore, the conviction recorded by the learned Assistant Sessions Judge, Nainital appears to be just and proper. 7. Coming to the question of sentence, it appears that the appellant was taken into custody on 4-6-1981. He was not granted bail during the trial and till today he is in jail subject to his only possibility of his having been released in view of serving out of the sentence, if he had earned some remission. However, as the period already undergone seems to be sufficient sentence, the appellant deserves to be released from jail unless wanted in some other case. 8. However, as the period already undergone seems to be sufficient sentence, the appellant deserves to be released from jail unless wanted in some other case. 8. In view of the aforesaid discussion this appeal is dismissed, subject to be modifications that the sentence of the appellant is reduced to the period already undergone and he shall be released forthwith unless wanted in some other case. 9. The Court has been able to decide this appeal because of the able assistance of the Amicus Curiae Sri P. N. Tripathi, who will be paid Rs. 250/-.