JUDGMENT 1. - Mr. Deepak Goyal Learned Amicus-Curiae contended that the accused-appellant is in jail since 10th March, 1993 and he could not submit the bail bonds, as such, the appeal itself be heard. Mr. R.S. Agrawal, learned P.P. has no objection for the same. 2. The appellant has filed the appeal through jail against the order of conviction dated July 13, 1993 passed by the Learned Sessions Judge, Sikar in Sessions Case No. 50/93, whereby, the appellant was convicted and sentenced u/Section 307 IPC to four years R.I. and a fine of Rs. 500/-. In default of payment of fine, further simple imprisonment for three months was awarded. He was also convicted u/Section 324 IPC and sentenced to one year R.I. by the said Court. The substantive sentences were ordered to run concurrently. 3. The case was registered on the Parchabayan of Smt. Jubeda wife of the appellant, recorded by the Assistant Sub-Inspector P.S. Kotwali, Sikar on March 10, 1993. In her statement, she stated that she was sleeping in her room alongwith children, then her husband-appellant, who was reading a book, came there and said, "I will kill you and three children". When she asked him as to why he wanted to kill them and when she wanted to go out, her husband picked a chhuri, which was lying on the ventilation and inflicted blows on her chest. On her cry, her Jethani, Smt. Rashida, and the neighbours came. She was taken to hospital, where her statement was recorded. 4. After registration of the case, a charge-sheet was filed u/Sections 307, 324 IPC in the Court of Chief Judicial Magistrate, Sikar. Thereafter, the petitioner was committed to the Court of Learned Sessions Judge, where after the completion of the trial, he was convicted and sentenced as stated above. The Learned Counsel for the appellant had made two fold contentions. The first contention is that there was no intention on his part to commit the murder of his wife. The second contention is on the sentence. 5. So far the first contention is concerned, it may be stated that PW I Dr. Shyam Sundar Sharma examined the injuries of Smt. Jubeda and he found two stab wounds on her left back having dimensions of 1" x 1/4" muscle deep. The blood was oozing from the wounds and both the injuries were inflicted by a sharp-edged weapon like knife. Shyam Sundar Sharma examined the injuries of Smt. Jubeda and he found two stab wounds on her left back having dimensions of 1" x 1/4" muscle deep. The blood was oozing from the wounds and both the injuries were inflicted by a sharp-edged weapon like knife. He proved injury report Ex. P. 1. He also opined that the injuries could be dangerous to life. Dr. J.P. Verma PW 11 was senior specialist in Radiology Department in Shri Kalyan Hospital, Sikar on March 10, 1993. He proved the X-ray of the chest of Smt. Jubeda on the advice of the Medical Officer. According to his statement the Radiographer took X-ray in his supervision and the X-ray plate as Ex. P. 3. As per the X-ray plate, the following report was made: "Homogeneous opacity is seen in Left lower (?) without blurring of dome of diaphragm and C.P. angles. Free gas in seen under Rt. dome of diaphragm. No rib injury in seen." 6. He further stated that the injury was sufficient to cause death in the ordinary course of nature. Thus, from the statements of these two doctors, it can be safely held that the injuries caused by the appellant to his wife were sufficient to cause her death in the ordinary course of nature. More over the appellant inflicted more than one knife blow, as such, the intention can be gathered from his act also. The Learned Trial Court rightly found him guilt u/Section 307 IPC. The contention for reduction of sentence made by the Learned Counsel requires consideration in the facts and circumstances. of the case. The wife has admitted in her cross examination that her husband had no enmity with her and apparently there was no cause to inflict her injury. It appears that husband was not earning and on account of mental tension, he inflicted the injuries to his wife. The words uttered by him, immediately prior to causing of the injuries, also suggest that under some mental pressure and tension he was causing the injuries. It appears that the poverty made him mentally imbalanced. He was reading a book and then immediately came in the room and 'uttered to his wife that he will murder her and three children. The circumstances, under which, he was compelled to inflict the injuries do require sympathetic attitude towards him. 7. It appears that the poverty made him mentally imbalanced. He was reading a book and then immediately came in the room and 'uttered to his wife that he will murder her and three children. The circumstances, under which, he was compelled to inflict the injuries do require sympathetic attitude towards him. 7. Taking into consideration the over-all considerations, the facts and circumstances of the case, I am of the opinion that the sentence of two years R.I. shall meet the ends of justice. The sentence of fine be also reduced from Rs. 500/- to Rs. 100/- and in default of payment of fine to undergo imprisonment for a period of 15 days simple imprisonment. No separate sentence of imprisonment for the offence u/Section 324 IPC is necessary when the appellant was convicted u/Section 307 IPC. 8. The net result of the above discussions is that the appeal is allowed in part. The conviction of the appellant u/Sections 307 and 324 IPC is maintained. However, the sentence of 4 years' R.I. and a fine of Rs. 500/- u/Section 307 IPC is reduced to two years R.I. and a fine of Rs. 100/-. In default of payment of fine the appellant shall further undergo simple imprisonment for 15 days. The sentence of imprisonment u/Section 324 IPC is set aside. 9. A copy of this judgment be sent to the Trial Court as well as to the Jail Superintendent where the appellant is undergoing his imprisonment.Appeal partly allowed. *******