Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No 264 of 2012 ====================================================== 1. Akhilesh Kumar Sah @ Aklesh Sah S/O Surendra Sah Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. .... .... Appellant/s Versus 1. The State Of Bihar 2. Bipat Ram S/O Late Sukhlal Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 3. Jitan Ram S/O Chandrika Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 4. Jhagru Ram S/O Late Fagu Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 5. Yugal Kishor Ram @ Dungi Ram S/O Late Gagan Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 6. Suresh Ram S/O Late Bhola Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 7. Sharma Ram S/O Bhoda Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 8. Chandrika Ram S/O Late Sukhal Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 9. Radhey Shyam Ram @ Radhe Shyam S/O Bipat Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. 10. Janak Ram S/O Chandrika Ram Resident Of Village- Parauli, Police Station- Basantpur, District- Siwan. .... .... Respondent/s ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH AND HON’BLE MR JUSTICE ASHWANI KUMAR SINGH Patna High Court CR. APP (DB) No.264 of 2012 (2) dt.19-03-2012 2 / 3 2 ORAL ORDER (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) 2 19-03-2012 This is an appeal against acquittal where the private respondents have been acquitted of charge, inter alia, under [STATUTE] (IPC). We have heard the learned counsel for the appellant and perused the judgment under appeal. In our view, the judgment is neither perverse nor illegal in any manner. The learned trial Court has taken a view on the facts proved before it and we have no reason to take another view of the matter. Learned counsel submits that there is direct allegation supported by evidence that the accused persons had criminally assaulted the appellant. We have gone through the judgment. It appears on the eve of Holi on 22.03.2008, there was altercation between two groups of persons. Both sides received injuries. They were all carried to the Primary Health Centre (PHC). Both sides gave their Fardbayans which were recorded by the police there itself simultaneously but so far as the appellant’s case is concerned, he totally ignored to mention about injuries on the defence who were already there in the PHC receiving treatment. There is controversy also as to why there was inordinate delay in forwarding the first information report to the Patna High Court CR. APP (DB) No.264 of 2012 (2) dt.19-03-2012 3 / 3 3 Court concerned. Apart from others, on this ground, the trial Court has doubted the correctness of the prosecution version. In our view, it cannot be said that the trial Court committed any error of fact or law in that regard. This appeal is, accordingly, dismissed. M.E.H./- (Navaniti Prasad Singh) (Ashwani Kumar Singh)

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.