Case Facts:
Patna High Court null No.459 of 1989 dt.14-02-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA ---- Against the judgment of conviction and order of sentence dated 18.09.1989 passed by Sri Anant Prasad Srivastava, Sessions Judge, Sitamarhi in Sessions Trial No. 9 of 1987. ------ =============================================== Criminal Appeal (DB) No. 459 of 1989 Vinod Tiwary son of Narayan Tiwary, resident of village Madhopur Anant,P.S.Sheohar, District Sitamarhi --- ---- Appellant Versus The State of Bihar --- --- Respondent with =============================================== Criminal Appeal (DB) No. 469 of 1989 1.Badri Narain Pandey son of Achawar Pandey 2.Jitendra Singh son of Late Righan Singh, both resident of village Madhopur Anant, P.S.Sheohar,District Sitamarhi --- Appellants Versus The State of Bihar .... .... Respondent with =============================================== Criminal Appeal (DB) No. 476 of 1989 Raghunath Tiwary son of Narayan Tiwary, resident of village Madhopur Anant,P.S.Sheohar, District Sitamarhi ---- Appellant Versus The State of Bihar .... .... Respondent with =============================================== Criminal Appeal (DB) No. 486 of 1989 Awadhesh Singh son of Ram Swarath Singh, resident of village Madhopur Anant, Khairwa,P.S.Sheohar,District Sitamarhi -- Appellant Versus The State of Bihar ----- Respondent =============================================== Patna High Court null No.459 of 1989 dt.14-02-2012 2 Appearance : For the appellants : Mr.Neeraj Kr.@ Sanidh Mrs.Ranjana Sinha, Advocates (in all the four above appeals) For the respondent :Ms.Shashi Bala Verma,A.P.P. (in all the four above appeals) =============================================== CORAM: HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR.JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 14-02-2012 --------- Cr.Appeal (DB) No. 459 of 1989 filed by Vinod Tiwary, Cr.Appeal (DB) No.469 of 1989 filed by Badri Narain Pandey and Jitendra Singh, Cr.Appeal (DB) No. 476 of 1989 filed by Raghunath Tiwary and Cr.Appeal (DB) No. 486 of 1989 filed by Awadhesh Singh have arisen out of a judgment of conviction and order of sentence dated 18.09.1989 passed by learned Sessions Judge, Sitamarhi in Sessions Trial No. 9 of 1987, they have been heard together and are being disposed of by this common judgment. By the aforesaid impugned judgment,the appellants have been convicted under [STATUTE] and have been sentenced to undergo rigorous imprisonment for life under [STATUTE] and two years under [STATUTE] . The sentences were ordered to run concurrently. 2. The prosecution case has sprang up on the basis of the fardbeyan (Ext.3) of Reena Kumari (P.W.8), according to which in the morning of 8th September, 1986 at 5.00 A.M. her grand father Ramadhar Singh (deceased) proceeded for Sheohar along with informant and her younger sister Veena Kumari (P.W.9) to get unwell Veena Kumari treated. When they reached at the spot where road was damaged and water has accumulated, they waited for boat for going one side to another side. In the meanwhile, five villagers namely, Raghunath Tiwary, Badri Narain Pandey, Awadhesh Singh, Jitendra Singh and Vinod Tiwary having dagger, garasa and country made fire arm arrived. Raghunath Tiwary and Badri Narain Pandey were armed with daggers whereas Awadhesh Singh and Jitendra Singh were armed with garasa. Vinod Patna High Court null No.459 of 1989 dt.14-02-2012 4 Tiwary was armed with country made gun. The informant’s grand father was caught by Vinod Tiwary and Raghunath Tiwary gave a dagger blow upon the head of informant’s grand father, as a result thereof, he became unconscious and fell down. Meanwhile, the informant’s sister Veena Kumari (P.W.9) cried but the accused persons asked her to keep mum. Badri Narain Pandey gave another blow of dagger upon the arm of informant’s grand father. Jitendra Singh and Awadhesh Singh twisted the leg of Ramadhar Singh. On cry, when the informant’s brother Chandra Mohan Singh (P.W.6), uncle Birendra Singh and her grand mother Radha Devi (not examined as she was reported to be dead) came, the accused persons decamped with the bag which the deceased was having with him. The injured was being brought to Sheohar Hospital for treatment but died in the way, still he was carried to hospital. On account of enmity, the offence was committed. The fardbeyan was witnessed by Birendra Singh (P.W.7) and it resulted into Sheohar P.S.Case No. 0058 of 1986 under Sections Patna High Court null No.459 of 1989 dt.14-02-2012 5 147, 148, 149, 341, 323, 324, 325, 379 and 302 of the Indian Penal Code and 27 of the Arms Act. Formal F.I.R. (Ext.5) was drawn. Investigation was taken up and in course of investigation, inquest report (Ext.4) was prepared upon which signatures of Birendra Singh (P.W.7) and Chandra Mohan Singh (P.W.6) were taken which have been marked as Exts.1/2 and 1/3. The post mortem report (Ext.2) was obtained. After completion of investigation, chargesheet was submitted. Cognizance was taken and the case was committed to the court of sessions where charges under [STATUTE] were framed and explained to the accused persons to which they pleaded innocence. So the trial proceeded. 3. The defence of the accused persons was of false implication on account of enmity which has been noted in the fardbeyan itself. The motive of false implication was that in April, 1981 one Lal Babu Pandey son of Achawar Pandey of village Madhopur Anant, P.S.Sheohar, Patna High Court null No.459 of 1989 dt.14-02-2012 6 District Sitamarhi, a Karpardaz of Sitamarhi Court was killed at his residence at Dumra which was situated near the residence of the District Magistrate, Sitamarhi. In that case, Chandra Bhushan Singh s

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.