19 July 2023 5:02 AM GMT
The Gujarat High Court has directed the District Legal Services Authority to proactively guide a convict, set to be released after serving 13 years in prison, in identifying benevolent schemes offered by the government for income generation and rehabilitation in society.The division bench of Justices AY Kogje and MR Mengdey converted the conviction from Section-302 of the Indian Penal Code...
The Gujarat High Court has directed the District Legal Services Authority to proactively guide a convict, set to be released after serving 13 years in prison, in identifying benevolent schemes offered by the government for income generation and rehabilitation in society.
The division bench of Justices AY Kogje and MR Mengdey converted the conviction from Section-302 of the Indian Penal Code to conviction under Section- 304, Part-I of IPC and ordered the release of the appellant.
"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," said the court.
However, the court also noted that the appellant would still be reintegrating into the society after a prolonged period of over 13 years, during which the social landscape has transformed significantly, making it challenging for him to adapt without proper support.
“The Court finds one such case, where the Court may like to direct that the District Legal Services Authority may play a proactive role in guiding the appellant to identify any benevolent scheme of the Government to generate income, so as to help appellant in rehabilitation in the Society. Therefore, upon release of the appellant, the District Legal Services Authority, Bharuch to call upon the appellant to attend the affair of District Legal Services Authority, Bharuch and implement the direction given in preceding paras.” the bench observed.
The case in question dates back to August 2009, when the appellant allegedly had a dispute with his mother. During the altercation, the deceased, Vikramsingh Chavda, the appellant's uncle, intervened and criticized his behavior. In response, the appellant inflicted a fatal injury on him, leading to his death.
Subsequently, an F.I.R. was registered, and the appellant pleaded not guilty. Following a trial that included the examination of 16 witnesses and 15 documents, the Principal Sessions Judge, Bharuch, pronounced the appellant guilty under Section 302 of the Indian Penal Code, sentencing him to life imprisonment and imposing a fine of Rs. 5,000/-. The appellant moved the High Court in 2014 against the judgment and order passed by the Sessions Court.
The bench ruled that the prosecution was successful in establishing homicidal death of the deceased. However, with regard to the conviction, the court said, "This sequence of incident appears to have been clouded thought process of the appellant so as to realize the consequences of his such act, that may result into death of his uncle. None the less, use of knife in inflicting the wound on the vital part of the body would necessarily be an act, which would clearly fall under Section-304, Part-I of the Indian Penal Code."
Case Title: Arjunsinh Raisinh Chavda Versus State Of Gujarat R/Criminal Appeal No. 1064 Of 2014
Case Citation: 2023 Livelaw (Guj) 122
Mr. Aamir S Pathan(7142) For The Appellant(S) No. 1
Ms. Krina Calla, App For The Opponent(S)/Respondent(S) No. 1
Click Here To Read/Download Order