Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (DB) No.3 of 2006 (Against the judgment and order dated 30.09.2005 and 17.10.2005 respectively passed by Shri Pandey Anil Kumar, learned Additional Sessions Judge, F.T.C.V, Khagaria in Sessions Trial No.261 of 2002) ========================================================== The State Of Bihar .... .... Appellant/s Versus 1. Pankaj Choudhray @ Pappu Choudhary. 2. Shashikant Choudhary (Both sons of Dinesh Choudhary, residents of Rahimpur, Choudhary Tola, P.S.- Khagaria Muffasil, District- Khagaria) .... .... Respondent/s With Criminal Appeal (SJ) No. 574 of 2005 ========================================================== Pankaj Chaudhary @ Pappu Chaudhary, son of Dinesh Chaudhary, resident of village-Chaudhary Tola, Rahimpur, P.S.- Khagaria (M), District- Khagaria. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ========================================================== Appearance : (In G. APP. (DB) No. 3 of 2006) For the Appellant/s : Mr. Ashwini Kumar Sinha, Addl.P.P. For the Respondent/s : Mr. Baidya Nath Thakur, Advocate : Mr. Shankar Kumar Thakur, Advocate (In CR. APP (SJ) No. 574 of 2005) For the Appellant/s : Mr. Baidya Nath Thakur, Advocate Mr. Shankar Kumar Thakur, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, Addl.P.P. ========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL C.A.V JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Both these appeals have been preferred against the judgment and order dated 30.09.2005 and 17.10.2005 respectively Patna High Court G. APP. (DB) No.3 of 2006 dt.01-11-2012 2 passed by the learned Additional Sessions Judge, F.T.C.V, Khagaria in Sessions Trial No.261 of 2002 by which appellant of Cr. Appeal No.574/2005 namely Pankaj Choudhary @ Pappu Choudhary has been convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- and in default of the payment of fine, to undergo simple imprisonment for one year for the offence punishable under Section 304 (II) of the Indian Penal Code (hereinafter referred to as the „I.P.C.‟) and further sentenced to undergo rigorous imprisonment for two years and a fine of Rs.1000/- and in default of payment of fine, to undergo simple imprisonment for six months for the offence punishable under Section 27 of the Arms Act and both the sentences have been ordered to run concurrently. By this impugned judgment, the learned trial court has acquitted Shashikant Choudhary (respondent no.2 in Govt. Appeal No.3 of 2006). 2. Since both these appeals arise out of the aforesaid common judgment dated 30.09.2005 passed in Sessions Trial No.261 of 2002, as such, both these appeals have been heard together and are being disposed of by this common judgment. 3. According to the Fardbeyan (Ext.10) of Ram Kumar Chaudhary (P.W.3) recorded by the S.I. P. Kujur of Muffasil police station on 8.05.2002 at Sadar Hospital, Surgical Ward, Bed No.14 Khagaria at 14.30 hours, the prosecution case, in brief, is that on 8.05.2002, his cousin brother Pankaj Choudhary @ Pappu Choudhary Patna High Court G. APP. (DB) No.3 of 2006 dt.01-11-2012 3 (appellant/respondent no.1), Shashikant Choudhary (respondent no.2), Ramanuj Choudhary, Gopal Choudhary and Dinesh Choudhary were constructing wall at about 11.15 hours. The informant with his brother Manoj Kumar Choudhary (deceased) and Vijay Choudhary (P.W.1) asked them not to close the way. Thereafter, all the aforesaid accused made altercation with the informant and his brothers. In the meantime, the accused Dinesh Choudhary assaulted the informant with spade with intention to kill him. When his brother Manoj Kumar Chaudhary (deceased) came to his rescue, the accused Gopal Choudhary and Shashikant Choudhary caught hold of him and at the instance of accused Ramanuj Choudhary, the accused Pankaj @ Pappu Chaudhary shot fire upon the head of Manoj Chaudhary (deceased) causing his instantaneous death. Thereafter, all the accused armed with various weapons making firing went towards western side. The occurrence was witnessed by the co-villagers. The informant was taken to the Sadar Hospital for treatment. The fardbeyan was recorded by the police officer in Sadar Hospital, which was witnessed by Ramod Kumar Choudhary. On the basis of the fardbeyan Khagaria (Muffasil) P.S. Case No.167 of 2002 was instituted against Pankaj Chaudhary @ Pappu (appellant), Shashikant Choudhary (respondent no.2), Ramanuj Chaudhary, Gopal Choudhary and Dinesh Choudhary for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. After investigation, charge- sheet was submitted against the accused Pappu Choudhary, Patna High Court G. APP. (DB) No.3 of 2006 dt.01-11-2012 4 Shashikant Choudhary and Dinesh Choudhary and the investigation was pending with respect to accused Ramanuj Choudhary and Gopal Choudhary. The cognizance was taken against the accused. The case was committed to the court of sessions. Charges were framed against Pappu Chaudhary @ Pankaj, Shashikant Chaudhary and Dinesh Choudhary for the offence punishable under [STATUTE] . The accused Dinesh Choudhary was further charged under [STATUTE] . and Pappu Choudhary was charged under [STATUTE] . and Section 27 of the Arms Act to which they denied the charge and claimed to be tried, as such, the trial proceeded. 4. During trial, the accused Dinesh Chaudhary absented, as such, his bail bond was cancelled and his trial was separated from the rest of the accused and he was declared absconder vide order dated 14.11.2003 passed by the learned trial court. 5. The defence of the accused is that they have been falsely implicated in this case due to long standing dispute and the deceased died due to accidental firing by the informant (P.W.3). 6. After the trial, P

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.