Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.319 of 2000 Against judgment and order of conviction dated 16.8.2000, passed by Sri B N Sahi, 3rd Additional Sessions Judge, Begusarai, in Sessions Trial No. 62 of 1991/ 147 of 1994. =========================================================== Siya Ram Tanti Son of Uchit Tanti, resident of Village Sherpur, PS Bhagwanpur, District Begusarai .... .... Appellant Versus State Of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 362 of 2000 Against judgment and order of conviction dated 16.8.2000, passed by Sri B N Sahi, 3rd Additional Sessions Judge, Begusarai, in Sessions Trial No. 62 of 1991/ 147 of 1994. =========================================================== Raj Kumar Paswan son of Sri Ram Pratap Paswan, resident of Village Sherpu, PS Bhagwanpur, District Begusarai .... .... Appellant Versus State Of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 380 of 2000 Against judgment and order of conviction dated 16.8.2000, passed by Sri B N Sahi, 3rd Additional Sessions Judge, Begusarai, in Sessions Trial No. 62 of 1991/ 147 of 1994. =========================================================== Ram Pratap Paswan son of Ram Raksha Paswan, resident of Village Sherpur, PS Bhagwanpur, District Begusarai .... .... Appellant Versus State Of Bihar .... .... Respondent =========================================================== Appearance : (In CR. APP (SJ) No. 380 of 2000) (In CR. APP (SJ) No. 362 of 2000) For the Appellant : Mrs. Sudha Ambastha For the State : Mr. Sujit Kumar Singh, A.P.P. (In Cr. Appeal No. 319 of 2000) For the Appellant : Mr. Mrigank Mauli, Advocate Mr. Samir Kumar, Advocate For the State : Mr. Sujit Kumar Singh, A.P.P. =========================================================== Patna High Court CR. APP (SJ) No.319 of 2000 dt.19-10-2012 2 CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 19-10-2012 S.A.Khan, J. Learned counsel for the appellant appearing on behalf of accused Ram Pratap Paswan, appellant in Cr. Appeal No. 380 of 2000, submits that the appellant has died during the pendency of this appeal on 15.10.2006. In order to support the aforesaid submission, learned counsel for the appellant has produced the death certificate. The trial court shall call for a report from the Superintendent of Police, Begusarai, in order to verify this fact. Death certificate will be kept on record. In case the trial court finds that Ram Pratap Paswan has died, the appeal against him shall abate or else it will be covered by the judgment delivered in the 2 batch cases. The case of other two appellants of Cr. Appeal No. 319 of 2000 and Cr. Appeal No. 362 of 2000 shall be decided by this common judgment. 2. Appellants have been found guilty and convicted under [STATUTE] to undergo R.I. for nine years. In addition, Siya Ram Tanti has been convicted under [STATUTE] to undergo R.I. for five years and to pay a fine of Rs.5000/- whereas Raj Kumar Paswan has been found guilty under [STATUTE] . However, no separate sentence has been awarded under this Section. 3. The informant of this case Gauri Devi, is wife of Patna High Court CR. APP (SJ) No.319 of 2000 dt.19-10-2012 3 the injured Ram Prit Paswan PW 5. She gave her Fardbeyan on 23.4.1990 at about 1 AM in the morning regarding the occurrence which took place at about 11 PM on 22.4.1990. She has stated in her fardbeyan that she was sleeping in the verandah whereas her husband was sleeping in the orchard. A lantern was burning. Suddenly 3-4 miscreants came to their orchard and began to assault her husband. When her husband called for help she ran to her and saw three persons assaulting her husband. It is said that her husband was assaulted on the neck, head and above his right arm. She managed to catch hold of one of the assailants who was armed with `garansa’ who dragged her for some distance. On raising alarm, her co-villagers Ram Chandra Paswan, Ranjit Paswan and others came to the place of occurrence and helped her in carrying her husband to the hospital. She has stated that her husband could be able to disclose the names of the assailants when he regained consciousness. 4. The defence on behalf of the accused is that the case is completely false and that they have been dragged in this case because of a land dispute between Ram Prit Paswan and the appellants regarding a piece of land that was purchased by Ram Pratap Paswan Ram Prit apparently had been granted a Parcha for a piece of land. It is said that the land which was purchased by Ram Pratap Paswan is the same land for which Ram Prit was granted Parcha. A plea has also Patna High Court CR. APP (SJ) No.319 of 2000 dt.19-10-2012 4 been taken that Ram Prit is facing several criminal cases and he is a man of criminal antecedents and as such he could have been assaulted by any of the persons who had animosity with him. 5. The prosecution has examined 12 witnesses in this case. P.W.9 is a formal witness who has proved the seizure list. P.W.10 is the I.O. of the case. P.W.11 is the doctor and P.W.12 is another doctor and radiologist who has also proved the x-ray of Ram Prit Paswan. The other witnesses except P.W.3 and P.W.8 are family members of Ram Prit Paswan. 6. At the very outset it may be stated that Gauri Devi the informant did not name any of the appellants in the F.I.R. In the statement under Section 161, Cr.P.C. the I.O. has specifically stated that she had not disclosed that she had identified the accused persons. She has also not disclosed the manner in which her husband was assaulted before the I.O. It is only when she made her statement before the court that she gave details regarding the manner of assault. 7. P.W. 7 Gauri Devi has given details regarding the manner in which her husband was assaulted making allegation that Ram Pratap Paswan had assaulted her husband with a garansa on the right side and had also repeated the assault on the right side

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.