CHIMANBHAI JAGABHAI PATEL versus STATE OF GUJARAT & ANR.

CHIMANBHAI JAGABHAI PATEL versus STATE OF GUJARAT & ANR.

The appellant and co-accused acted in furtherance of common intention to attempt the complainant's murder; evidence justifies conviction under Section 307 read with Section 34 IPC; sentence reduced to period already undergone considering the role and time served.

Parties
Appellant / Accused No.2: Chimanbhai Jagabhai Patel; Respondent: State of Gujarat & Anr.
Jurisdiction
India
Judgment Date
16 March 2009
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court of Gujarat
Outcome
Conviction upheld, sentence reduced to time already undergone, appellant to be released unless required in other case
Legal Topics
Attempt to Murder, Common Intention, Sentencing
Criminal Law Attempt to Murder Common Intention Sentencing

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Parties

Chimanbhai Jagabhai Patel

Appellant / Accused No.2

State of Gujarat & Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court of Gujarat

Legal Issues

  1. 1 Whether the conviction under Section 307 r/w Section 34 IPC was justified against the appellant
  2. 2 Whether the sentence awarded required interference or reduction

Ratio Decidendi

The appellant and co-accused acted in furtherance of common intention to attempt the complainant's murder; evidence justifies conviction under Section 307 read with Section 34 IPC; sentence reduced to period already undergone considering the role and time served.

Court Disposition

Conviction upheld, sentence reduced to time already undergone, appellant to be released unless required in other case

Orders

  • Sentence restricted to period already undergone
  • Appellant to be released forthwith unless required in another case