Arjunsinh Raisinh Chavda vs State Of Gujarat
2023 Latest Caselaw 3691 Guj

    R/CR.A/1064/2014                                FARAD DATED: 29/04/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CRIMINAL APPEAL NO. 1064 of 2014

================================================================

ARJUNSINH RAISINH CHAVDA Versus STATE OF GUJARAT ================================================================ Appearance:

MR. AAMIR S PATHAN(7142) for the Appellant(s) No. 1 MS KRINA CALLA, APP for the Opponent(s)/Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE M. R. MENGDEY

Date : 29/04/2023

FARAD (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

For the reasons recorded in the judgment and order dated 29.04.2023, the Hon'ble Court, has been pleased to pass the following order:

"In view of the aforesaid, the impugned judgment and order dated 17.05.2012 passed by the Principal Sessions Judge, Bharuch in Sessions Case No.71 of 2009 is hereby modified. Taking into consideration the totallity of the facts of the present case, this Court deems it proper to alter the conviction to one under Section 304 of the Indian Penal Code. Taking into consideration the fact that the appellant-accused has already undergone imprisonment for 13 years, 3 months and 26 days, is not required to be committed to prison any further and the imprisonment already suffered is treated as sufficient imprisonment. The appellant is therefore directed to be set free, if not required in any other offence.

The appeal is partly allowed. Record and Proceedings be sent back to the trial Court."

Manish P.Shitole PPS