Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.303 of 2000 =========================================================== AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 17.8.2000, PASSED BY THE 6TH ADDITIONAL DISTRICT & SESSIONS JUDGE, SIWAN IN SESSIONS TRIAL NO. 271 OF 1982. =========================================================== Md. Idrish @ Idrish Mian, son of Hasan Ali, Resident of Village Husena Police Station Siswan, District Siwan. .... .... Appellant Versus The State of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 316 of 2000 =========================================================== 1. Sudarsan Sah, son of Laxmi Sah. 2. Shree Niwash Sah, son of Ganga Bisun Sah, Both are resident of Village Hussain Bangra, P.S. Sisawan, District Siwan. .... .... Appellants Versus The State of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 370 of 2000 =========================================================== 1. Mohd. Quamuddin Mian @ Quamuddin, son of Hasnalli Mian, Resident of Village Hussena Bazar, P.S. Siwan, District Siwan. 2. Md. Farooq @ Farooq Mian, son of Hasnalli Mian, Resident of Village Hussena Bazar, P.S. Siwan, District Siwan. .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In CR. APP (SJ) No. 303 of 2000) For the Appellant : Mr. Arun Kumar Tripathi, Amicus Curiae (In CR. APP (SJ) No. 316 of 2000) For the Appellants : Mr. Radha Krishna Singh, Advocate (In CR. APP (SJ) No. 370 of 2000) For the Appellants : Mr. V.B.P. Ambastha, Advocate For the State in all cases : Ms. Abha Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 06-08-2012 Patna High Court CR. APP (SJ) No.303 of 2000 dt.06-08-2012 2 / 10 2 S.A. Khan, J. Nobody is representing the appellants in Cr. Appeal (SJ) No. 303 of 2000 and Cr. Appeal (SJ) No. 370 of 2000, as such Mr. Arun Kumar Tripathi and Mr. V.B.P. Ambastha are appointed as Amicus Curiae respectively. Mr. Radha Krishna Singh is representing the appellants in Cr. Appeal (SJ) No. 316 of 2000. 2. These appeals are directed against the judgment of conviction and order of sentence dated 17.8.2000, passed by the 6th Additional District & Sessions Judge, Siwan in Sessions Trial No. 271 of 1982 convicting the appellant Md. Idrish @ Idrish Mian to undergo R.I. for 10 years under [STATUTE] and he is further convicted to undergo R.I. for 2 years under [STATUTE] against Md. Idrish @ Idrish Mian. It was directed that the sentences awarded to Md. Idrish @ Idrish Mian shall run concurrently. Appellant Sudarsan Sah has been convicted under [STATUTE] . Appellants Mohd. Quamuddin Mian @ Quamuddin and Md. Farooq @ Farooq Mian have similarly been convicted under [STATUTE] . Appellants Sudarsan Sah, Mohd. Quamuddin Mian @ Quamuddin and Md. Farooq @ Farooq Mian have been directed to Patna High Court CR. APP (SJ) No.303 of 2000 dt.06-08-2012 3 / 10 3 be released on probation of a bond of Rs. 2000/- with two sureties of the like amount each for a period of one year for maintaining peace and good behaviour during the said period. Appellant Shree Niwash Sah has been directed to be released on probation of a bond of Rs. 5000/- with two sureties of the like amount each for a period of one year for maintaining peace and good behaviour during the said period. 3. Raja Ram Singh has given his statement before the police on 22.11.1981 at about 11 A.M. at the Sadar Hospital, Siwan alleging therein that when he reached the house of Basant Sao the appellants surrounded him. It is alleged that appellants Sudarsan Sah, Shree Niwash Sah, Mohd. Quamuddin Mian @ Quamuddin and Md. Farooq @ Farooq Mian began to assault Raja Ram Singh with lathi. The informant began to shout for help. In the meantime, Sri Ram Singh and Anil Singh came to the place of occurrence whereupon it is alleged that Md. Idrish @ Idrish Mian fired two rounds which hit both of them. The reason for the occurrence is that the son of the informant with some other children were playing with each other which led to a dispute between the children. Being aggrieved by this fact the said occurrence is said to have taken place. 11 witnesses have been examined in this case to substantiate the prosecution version. Patna High Court CR. APP (SJ) No.303 of 2000 dt.06-08-2012 4 / 10 4 P.W. 11 is the doctor. P.Ws. 9 and 10 are formal witnesses who have proved Ext. 1 i.e. the formal First Information Report and Ext. 2 the writing of the person who recorded the Fardbeyan. The injured have been examined as P.Ws. 5 and 6 whereas the informant is P.W. 7. P.W. 10 had to prove the requisition for examining the gun belonging to Md. Idrish @ Idrish Mian. The others are chance witnesses who have allegedly come to the spot on hearing the alarm raised by Raja Ram Singh. 4. P.W. 1 Raj Narayan Singh was shopping nearby when he heard the commotion. On going through the place of occurrence he saw that the appellants were assaulting Raja Ram Singh with a lathi. He is the cousin of the informant. He supports the fact that the genesis of the occurrence is a fight between the children of the informant and the appellants. This witness has stated at paragraph 7 that the area is dominated by Rajputs and that the family of Md. Idrish @ Idrish Mian is the only muslim family living in that area. He further admits that there was a case between him and Md. Idrish @ Idrish Mian about 12 years ago and that Md. Idrish @ Idrish Mian and Mohd. Quamuddin Mian @ Quamuddin both were working at Darjeeling. Describing the place of occurrence, he accepts that the occurrence took place at the end of the village (Siwana). Patna High Court CR. APP (SJ) N

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.