This appeal challenges the concurrent conviction of the appellants under Section 307 read with Section 34 of the Indian Penal Code (IPC) and the consequent sentence of 14 years of rigorous imprisonment and a fine of Rs.1,50,000/- each. The Supreme Court has limited its consideration to the question of whether the 14-year sentence exceeds the permissible limit under Section 307, IPC, which specifies a maximum term of ten years unless the victim suffers hurt, in which case life imprisonment may be imposed. The Court concludes that the sentence cannot exceed ten years if life imprisonment is not imposed, thereby reducing the sentence from 14 years to 10 years while keeping the fine intact.

1. Introduction

• Appeal to challenge the conviction and sentence under Section 307 read with Section 34 of IPC.
• Conviction led to 14 years of rigorous imprisonment and a fine of Rs.1,50,000/- each.

2. Background of the Case

• The Supreme Court limited its consideration to the question of the legality of the 14-year sentence.
• The challenge focuses on whether the term of imprisonment can exceed ten years under Section 307, IPC.

3. Legal Provisions

• Section 307, IPC: Attempt to murder, punishable with up to ten years of imprisonment or life imprisonment if hurt is caused.
• Examination of the three types of sentences under Section 307.

4. Arguments by Counsel

• Appellants' counsel: Sentence cannot exceed ten years unless life imprisonment is imposed.
• State's counsel: Nature of injury and circumstances justify a sentence less than life imprisonment but more than ten years.

5. Court's Analysis

• Section 307, IPC does not require bodily injury for the offence.
• The case falls under the second part of Section 307 due to the victim's paralysis caused by a gunshot.

6. Incident and Medical Evidence

• Victim hospitalized with a gunshot injury leading to paralysis.
• Conviction under Section 307 confirmed based on medical evidence.

7. Legal Interpretation

• Maximum sentence under Section 307, IPC if not life imprisonment is ten years.
• Sentence exceeding ten years not permissible if life imprisonment is not imposed.

8. Decision

• High Court's judgment imposing 14 years of imprisonment is interfered with.
• Sentence reduced to ten years of rigorous imprisonment while the fine remains unchanged.

9. Conclusion

• Conviction under Section 307, IPC upheld.
• Imposition of 14-year sentence reduced to 10 years.
• Pending applications disposed of.