JUDGMENT 1. - The instant third Application No. 514/2013 for suspension of sentences has been filed by the accused applicant Prema Ram who was convicted for the offence under Section 306 I.P.C. and is undergoing a sentence of ten years R.I. 2. Learned counsel for the appellant at the outset did not press the third application for suspension of sentences but prayed that the main appeal itself be heard and the learned Public Prosecutor consented to the same. Accordingly, the appeal itself is being decided finally. 3. The instant appeal has been preferred by the appellant challenging the judgment dated 21.2.2009 passed by the learned Sessions Judge, whereby the learned Special Judge convicted the appellant under Section 306 I.P.C. and sentenced him to ten years R.I. with a fine of Rs. 5,000/-, in default of payment of fine to undergo one month's imprisonment. 4. Learned counsel for the appellant at the outset did not challenge the conviction of the appellant as recorded by the learned trial Judge. He, however, prayed that the appellant having been convicted for the offence under Section 306 I.P.C. has already remained in custody for about 5V4 years and thus the sentence awarded to the appellant be reduced to the period already undergone by him. Learned counsel in order to buttress his prayer for reduction of sentence urged that the learned trial Judge himself found vide Para-23 of his judgment that the appellant was deaf. The learned trial Judge also found that the prosecution did not lead any evidence to prove that the deceased was harassed by the appellant on account of bringing less dowry. Learned counsel further pointed out that the learned trial Judge has himself found in Para-35 of its judgment that the deceased was beautiful and as the appellant was a deaf man was suffering from an inferiority complex and did not send the deceased to her father's house alone. The learned trial Judge also found that the appellant was suspicious regarding the conduct of the deceased, and therefore, the deceased committed suicide. He particularly brought to the notice of this Court the statement of the mother of the deceased PW-11 Smt. Luni who admitted in her cross-examination that when the deceased used to come back to her house she used to complain as to why she had been married to a deaf man. He particularly brought to the notice of this Court the statement of the mother of the deceased PW-11 Smt. Luni who admitted in her cross-examination that when the deceased used to come back to her house she used to complain as to why she had been married to a deaf man. She further admitted that the deceased Khatu Devi used to say that her friends used to taunt her for the reason that her husband was a deaf person. Learned counsel thus submitted that it is a case where the deceased became frustrated because of the appellant's deformity and committed suicide and therefore the appellant has wrongly been awarded the maximum sentence prescribed for the offence under Section 306 I.P.C. He thus prays for reduction of the sentence awarded to the appellant. 5. Learned Public Prosecutor has opposed the submissions advanced by the learned counsel for the appellant. He contended that there is specific finding of the trial Court in the impugned judgment that about 6 to 7 days prior to the incident, the deceased had been beaten by the appellant at the cross roads of the village. No only this the deceased was treated with a great degree of suspicion and thus she was led to commit suicide and as such he contended that the appellant does not deserve any leniency on the quantum of the sentence awarded to him. 6. Heard and considered the rival arguments advanced at the bar. Perused the judgment as well as the record. As the counsel for the appellant has not challenged the appellant's conviction, this Court need not go into a detailed discussion of the evidence which has been led by the prosecution. It is manifest from the record that it is almost an admitted fact revealed in the cross-examination of the prosecution witnesses that the dispute between the appellant and the deceased was primarily owning to the deafness of the appellant. The deceased was beautiful and her friends used to taunt her in relation to her husband's deafness. It is also admitted that the appellant also used to treat the deceased with suspicion as he was suffering from an inferiority complex. 7. In this view of the matter, this Court is of the opinion that the appellant was cursed by nature and thus his cruel behaviour with the deceased was to some extent possibly the result of his ailment. 7. In this view of the matter, this Court is of the opinion that the appellant was cursed by nature and thus his cruel behaviour with the deceased was to some extent possibly the result of his ailment. The deceased was also frustrated because of the appellant's deafness and used to complain to her mother in this regard. The learned trial Court has itself come to a conclusion that there is no evidence on the record of the case to show that, the deceased was harassed by the appellant for dowry. The learned trial Judge also found that the appellant was present in the house at the time of incident and tried to douse the fire of the deceased and himself received burn injuries in the attempt. In this view of the matter, this Court is of the opinion that the maximum sentence for a period of ten years prescribed under Section 306 I.P.C., which has been awarded to the appellant was not justified by any stretch of imagination and the same deserves to be reduced. 8. Accordingly, the appeal succeeds in part. While upholding the conviction of the appellant for the offence under Section 306 I.P.C., the substantive sentence of imprisonment awarded to the appellant is reduced to the period of seven years R.I. The fine of Rs. 5,000/- is maintained. The suspension application stands disposed of.The appeal is allowed in part as stated above.Appeal partly allowed. *******