Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1049 of 2010 ====================================================== Bibi Afsana W/o Md. Hanif, R/o village- Narga P.s.- Nathnagar, District- Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar 2. Md. Hasnain Khan @ Putul Khan R/o village- Narga, P.S. Nathnagar, District- Bhagalpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Najmul Hoda, Advocate For the Opp. Party/s : Mrs. Pushpa Sinha No.-2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 27-07-2012 After having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State, this Court does not find any good ground for interference in the impugned judgment and order dated 22nd June, 2010 passed in Sessions Trial No. 66 of 2005/T.R. No. 211 of 2009 by the learned 3rd Additional Sessions Judge, Bhagalpur, whereby the accused- opposite party no. 2 has been acquitted for the charges under [STATUTE] as also under section 27 of the Arms Act. Though prosecution has examined altogether seven witnesses, but by the evidence of the doctor, P.W.7, the prosecution case stands completely contradicted. The learned trial court has recorded that no independent witness was examined and the witnesses examined are all related and family members. Consequently, the application fails and is, accordingly, dismissed. RPS/- (Birendra Prasad Verma, J)

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.