Case Facts:
Patna High Court CR. APP (DB) No.42 of 1989 dt.03-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.42 of 1989 -------- Lal Bihari Singh @ Lal Bihari Yadav son of Shri Shakal Deo Singh, resident of village Bali, P.S.Gaurichak, District Patna ---- Appellant Versus The State of Bihar ---- ---- Respondent With Criminal Appeal (DB) No. 93 of 1989 Madan Lal Singh alias Madan Singh son of Shri Lal Bihari Singh, resident of village Bali, P.S.Gaurichak, District Patna ---- Appellant Versus The State of Bihar --- ------ Respondent =============================================== Both the appeals are against the judgment of conviction and order of sentence dated 25.01.1989 passed by Sri N.C.Lala, Additional Sessions Judge II, Patna in Sessions Trial No. 92 of 1988. ------- Appearance: For the Appellants:Mr.Ramakant Sharma,Sr.Advocate and Mr. Rajesh Kumar, Advocate For the Respondent :Ms.Shashi Bala Verma, APP For the informant :M/S Ganesh Prasad Yadav and Rajeev Ranjan Sinha ================================================= CORAM: HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR.JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA) Date: 03-05-2012 -------- As both the above appeals have arisen out of a judgment of conviction and order of sentence dated 25.01.1988 passed by Additional Sessions Judge II, Patna in Sessions Trial No. 92 of 1988, they have been heard together and are being disposed of by this common judgment. Patna High Court CR. APP (DB) No.42 of 1989 dt.03-05-2012 2 2. By the impugned judgment appellant Lal Bihari Singh alias Lal Bihari Yadav (Cr.Appeal (DB)No. 42 of 1989) was found guilty under [STATUTE] , whereas, appellant Madan Singh alias Madan lal Singh (Cr.Appeal (DB) No. 93 of 1989) has been found guilty under [STATUTE] and both of them have been sentenced to undergo imprisonment for life. Other seven accused persons namely, Surendra Singh, Suresh Singh, Baleshwar Singh, Sidheshwar Singh, Mahesh Singh, Ganesh Singh and Sakaldip Singh who were also put on trial along with these two accused/appellants were not found guilty and they were acquitted. 3. The appeal relates to an occurrence of 24th May, 1987 at 9.00 A.M. wherein Ram Pravesh Singh, elder brother of informant Bijendra Singh (Yadav), sustained injury and was taken to Patna Medical College & Hospital for further treatment but he died Patna High Court CR. APP (DB) No.42 of 1989 dt.03-05-2012 3 there. The fardbeyan (Ext.4) was recorded at 11.00 A.M. on 24.05.1987 at Gaurichak Bazar wherein the informant (P.W.6 Bijendra Singh) stated that at preceding 9.00 A.M. when his elder bother Ram Pravesh Singh (deceased) was taking his buffalo towards Gaurha Kandri Khandha and in contiguity Madan Singh and Lal Bihari Singh had their lands, they started abusing which was objected by the informant’s brother. Then Lal Bihari Singh exhorted his son Madan Singh to kill Ram Pravesh Singh. Madan Singh rushed towards his house and returned with Bhala and struck it on the stomach of Ram Pravesh Singh. Informant’s brother received injury and fell down on the earth and his intestine came out. On cry of Lal Bihari Singh, his other persons namely, Suresh Singh, Surendra Singh both armed with guns, Baleshwar Singh, Sidheshwar Singh, Mahesh Singh, Ganesh Singh, all armed with farsa and Sakaldip Singh armed with lathi reached there. Seeing assemblage of these Patna High Court CR. APP (DB) No.42 of 1989 dt.03-05-2012 4 persons, the informant did not raise any voice. The occurrence was witnessed by villages Medan Singh (P.W.5), Barhan Singh (not examined) and Chathuri Rai (Sipahi Rai) P.W.2. Thereafter, the injured was carried to Patna for treatment. The informant met with P.W.9 who recorded his statement. The informant’s mother (not examined) was also assaulted by fists and slaps. The informant signed the fardbeyan. The signature of the informant has been marked as Ext.1. Initially the case was registered under [STATUTE] and investigation commenced. In course of treatment the injured died. Inquest report (Ext.5) was prepared. [STATUTE] was added on 03.06.1987. In course of investigation, copy of injury report (Ext.2) was obtained on 20.06.1987 whereas post mortem report (Ext.3) of Ram Pravesh Singh was obtained on 25.07.1987. The informant was not satisfied with the manner Patna High Court CR. APP (DB) No.42 of 1989 dt.03-05-2012 5 of investigation of the case, so he filed a protest petition on which he put his signature (Ext.1/1). The occurrence was supervised by the Dy.S.P. (P.W.10) and supervision note has been brought on record as Ext.6. After completion of investigation, charge sheet was submitted. Cognizance was taken and the case was committed to the court of sessions where after appearance of the accused persons charges were framed and explained to the accused persons to which they pleaded innocence. Hence trial proceeded. 4. The defence of the accused persons was of false implication and also that the occurrence has not taken place in the manner as alleged and the implication of the accused persons is at the behest of one Dilip Singh who was on inimical terms. 5. In order to substantiate its case, the prosecution examined 11 witnesses. They are : P.W.1 Ragho Singh, P.W.2 Sipahi Patna High Court CR. APP (DB) No.42 of 1989 dt.03-05-2012 6 Singh alias Chathuri Rai, P.W.3 Gopal Singh, P.W.4 Lalita Kumari, P.W.5 Medni Singh, P.W.6 Bijendra Singh, informant of the case, P.W.7 Dr.Kamleshwar Mishra, P.W.8 Dr.Ram Krishna Pd.Singh, P.W.9 Bhaiya Pradeep Kumar Sinha,the Investigating Officer of the Case, P.W.10 Ram Kripal Singh who had supervised the case and P.W.11 Sachchidanand Sinha. 6. Two defence witnesses were examined. They are : D.W.1 Ramjee Singh who has produced a fardbeyan and a formal F.I.R. which have been marked as X and X/1 for identifica

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.