JUDGMENT 1. - This appeal is from Jail, directed against the order of Sessions Judge, Jalore convicting the appellant of offence under Section 307 I.P.C. and sentencing him to 3 years' R.I. 2. The prosecution case is that on 11.7.1980 the accused went to the 5 house of one Pola Ram. As some debt was payable to Pola Ram by the accused, the accused asked him to accompany to his house where he will make the payment. On the way the accused asked to take tea. After taking tea, the Pola Ram became unconscious. He however, stated that the accused Kapura gave him lathi blow. The police registered a case of offence under Section 307 I.P.C. After usual investigation, the Police submitted a challau against the accused for the said offence. After trial, the learned Judge convicted the appellant of offence under Section 307 I.P.C. and sentenced to 3 years' R.I. 3. I have read the statement of Pala Ram. He categorically stated that the lathi blow was given by the accused Kapura. His statement is supported by a medical evidence. In view of this, the conviction of the appellant under Section 307 I.P.C. deserves to be upheld. 4. This is pointed out by the learned counsel that the accused has already undergone sentence of 417 days. Considering the facts that the incident is of year 1980 and the accused has already undergone substantive sentence, the end of justice would be met if the sentence is reduced to the period undergone 5. Consequently, the sentence of 3 years' R.I. is reduced to the sentence already undergone. With this modification, the appeal stands dismissed.Appeal dismissed. *******