Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.182 of 1999 =========================================================== AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 19.7.1999, PASSED BY THE 1ST ADDITIONAL SESSIONS JUDGE, MUNGER IN SESSIONS CASE NO. 205 OF 1990 ARISING OUT OF MOFFASIL P.S. CASE NO. 202 OF 1988. =========================================================== 1. Md. Badruddin, son of Md. Reazuddin. 2. Md. Haidar, son of Md. Moinuddin. 3. Md. Mustaque, son of late Chhedi. 4. Md. Sakir, son of Md. Kashim. 5. Md. Farooque, son of Md. Israfil. 6. Md. Sattar, son of Md. Israfil. 7. Md. Sohrab, son of Moinuddin. All resident of village Bakarpur, P.S. Moffasil, District Munger. .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellants : Mr. Md. Salauddin Khan, Advocate Mr. Ajit Kumar Singh, Advocate For the State : Mr. Sujit Kumar Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 23-07-2012 S.A. Khan, J. This appeal is directed against the judgment of conviction and order of sentence dated 19.7.1999, passed by the 1st Additional Sessions Judge, Munger in Sessions Case No. 205 of 1990. Out of the 12 accused persons, 7 have been convicted and 5 acquitted by the Trial Court judgment. The appellant Md. Mustaque and Md. Haidar have been sentenced to undergo R.I. for 10 years under [STATUTE] , each of them have been further sentenced to undergo R.I. for 3 years under Section 27 of the Arms Patna High Court CR. APP (SJ) No.182 of 1999 dt.23-07-2012 2 / 14 2 Act and 2 years under [STATUTE] . The other appellants have been sentenced to undergo R.I. for 2 years under [STATUTE] . 2. The prosecution case as stated by P.W. 6 Umaruddin is that on the date of occurrence i.e. 31.5.1988 at about 5.30 P.M. the accused persons came to talk to him regarding the arrangement of a band. It is said that the brother of the informant had married the niece of the accused-appellant Md. Khalique and Md. Miraj. The accused persons came to the house of the informant armed with guns and rifles. They began to demand the presence of Md. Miraj, Md. Khalique and Md. Suleman as they wanted to settle some scores. The informant and the others were present in the house went to the roof of the house to protect Md. Miraj and others, whereupon it is alleged that Md. Sakir ordered Md. Mustaque to fire, whereupon Haidar and Mustaque fired which injured Md. Miraj. The informant and others raised alarm that Md. Miraj has died which led the accused persons to leave the place of occurrence. It is also alleged that during the said occurrence Md. Jalil was injured by a Bhala by one of the accused persons. 3. The defence of the appellants is that on the date of occurrence Md. Jalil was assaulted which led to filing of a criminal case by Md. Jalil in which he has alleged that the occurrence took Patna High Court CR. APP (SJ) No.182 of 1999 dt.23-07-2012 3 / 14 3 place when Md. Jalil and others were attacked by the accused persons named in the First Information Report who incidentally are the witnesses in the present case. An explanation has been given that Md. Miraj got an injury, because while firing, the gun burst which led to injuries on his face and other places of his body, including his left forearm. The counter case has been proved by the appellant as Ext. B. The injury report has also been produced and proved as Ext. D. The charge sheet Ext. C of the said counter case has been numbered as Moffasil P.S. Case No. 206 of 1988, whereas the judgment in the counter case Exts. E and F by the High Court and the Trial Court had also been produced before the Trial Court. Out of the 9 witnesses examined in this case, P.W. 8 is the doctor and P.W. 9 is the Investigating Officer of this case. P.W. 6 is the informant, the others claim to be eye witnesses to the occurrence. 4. I should begin with the evidence of P.W. 8 who examined Md. Miraj. The doctor has found lacerated wound on right side of face from angel of mandible to the chin bleeding profusely with laceration of cheek muscles, fracture of right side of mandible in small fragments, with several pieces missing, opening of the buckle cavity of mouth on right side. Apart from which there are three other injuries which are simple in nature being lacerated wounds on the face. Injury no. 5 is a lacerated wound on the left forearm from Patna High Court CR. APP (SJ) No.182 of 1999 dt.23-07-2012 4 / 14 4 middle third to 2” above wrist joint from medial to posterior „aspeer‟ with laceration of skin. Part of the skin was missing, muscles and tendons were lacerated in back area. There was fragmentation of left radius in that area with few chips missing which was bleeding profusely. “A lacerated wound distal fallings of right thumb on lateral aspect ½”x¼”x bone deep with fracture of distal fallings of bone with bleeding” apart from which the fingers of the bone have also been found to be lacerated. 5. Regarding the injuries, learned counsel for the appellants submits that it would not be possible by a rifle as no bullets were found, the wound of entry is not circular which would indicate that it was fired by a rifle and there is no sign of charring. It is submitted that the absence of the main ingredients of a rifle injury, would indicate that it is a case where the weapon burst, resulting in injuries on the face, hand and wrist, which support the defence, rather than the prosecution case. In this context, it would be proper to quote the evidence of the doctor. “3. None of the injuries are circular. It was not in oval. None of the injuries was either inverted or everted. All the above factors such as circular oval, inverted or everted would have been evidence (sic) that above injuries were gun sho

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.