Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.387 of 2010 =========================================================== Gaina Mallah @ Indu Mallah Son of Late Jethan Mallah, Resident of Mohalla- Nadraganj Mallah Toli, P.S.- Civil Lines, District- Gaya. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with =========================================================== Criminal Appeal (DB) No. 255 of 2010 =========================================================== Dipu Khatik, S/o Rajendra Khatik, R/o Moh. Nadraganj, Mallah Toli, P.S. Civil Lines, District – Gaya. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with =========================================================== Criminal Appeal (DB) No. 313 of 2010 =========================================================== 1. Mohan Mallah, S/o Late Jethan Mallah, R/o Vill.-Moh.-Nadraganj Mallahtoli,P.S.-Civil Lines, Dist.-Gaya. 2. Binod Mallah S/o Late Jethan Mallah R/o Vill.-Moh.-Nadraganj Mallahtoli,P.S.- Civil Lines, Dist.-Gaya. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with =========================================================== Criminal Appeal (DB) No. 278 of 2010 =========================================================== 1. Pintu Kumar S/o Sekaldeo Prasad R/o Moh.- Nadraganj Mallahtoli, P.S.- Civil Lines, Distt.- Gaya 2. Dilip Nisad @ Dilip Mallah, S/o Shyam Babu R/o Moh.- Nadraganj Mallahtoli, P.S.- Civil Lines, Distt.- Gaya .... .... Appellant/s Versus The State of Bihar Patna High Court CR. APP (DB) No.387 of 2010 dt.05-01-2016 2/21 .... .... Respondent/s with =========================================================== Criminal Appeal (DB) No. 427 of 2010 =========================================================== Bindu Mallah, S/o Late Jethan Mallah, R/o Moh.-Nadraganj Mallah Toli, P.S.- Civil Lines, Dist.-Gaya .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellants : Mr. K.P. Singh, Sr. Advocate Mr. Ram Parvesh Kumar. For the Informant : Mr. Shiva Shankar Sharma For the State In Cr. Appeal No. 387 of 2010 : Mr. A.K. Sinha, A.P.P. In Cr. Appeal No. 255 of 2010 : Mr. S.N. Prasad, A.P.P. In Cr. Appeal No. 313 of 2010 : Mr. S.C. Mishra, A.P.P. In Cr. Appeal No. 278 of 2010 : Mr. Ajay Mishra, A.P.P. In Cr. Appeal No. 427 of 2010 : Mr. A. Sharma, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) Date: 05-01-2016 Heard learned counsel for the Appellants, learned counsel for the Additional Public Prosecutor and learned counsel for the informant. All the Appellants have been convicted by the Judgment and Order of sentence dated 10/16.02.2010 passed by the 1st Additional Sessions Judge, Gaya, in connection with Patna High Court CR. APP (DB) No.387 of 2010 dt.05-01-2016 3/21 Sessions Trial No. 63 of 2008/545 of 2006 arising out of Civil Lines P.S. Case No. 269 of 2005 corresponding to G.R. Case No. 2760 of 2005 to undergo rigorous imprisonment for the offence punishable under [STATUTE] . and 27 of the Arms Act for the period of 3 years, as also for the period of 10 years for the offence under [STATUTE] . with fine of Rs. 5,000/- each, in default of which, they will have to undergo rigorous imprisonment for a period of one year. Appellant Bindu Mallah has been sentenced to undergo life imprisonment for the offence under [STATUTE] . with fine of Rs. 10,000/-, in default of which, he will have to further undergo rigorous imprisonment for 2 years, whereas the rest of the Appellants have been convicted to undergo rigorous imprisonment for life for the offence punishable under [STATUTE] . with a fine of Rs. 10,000/- each and in default of which, undergo rigorous imprisonment for 2 years. The case of the prosecution, according to the informant, Rajendra Prasad (P.W.4) is that on 23.11.2005, when his nephew, the deceased Ajay Kumar had gone to get himself shaved at local saloon, accused Bindu Mallah, Mohan Mallah, Binod Mallah, Gaina @ Indu Mallah and Vikki Kumar started to assault him. On hearing this, he along with some others went to Patna High Court CR. APP (DB) No.387 of 2010 dt.05-01-2016 4/21 the saloon and tried to extricate his nephew with the help of his other nephew Rajesh Kumar (P.W.3). However, the accused persons who were joined in by Soni, Dilip, Bhima and Pintu and Dharmendra Munshi further assaulted him as well, in course of which, he was seriously injured. Somehow or the other, they could save Rajesh Kumar and others and bring them home. They then locked the door from inside. About half an hour later, at around 2:00 O’clock, the aforesaid accused persons armed with pistols came to the house and started brick batting. When they did not come out from the house, Appellants Bindu Mallah, Gaina @ Indu Mallah, Mohan Mallah, Binod Mallah and Vikki Kumar climbed on to the terrace and on the orders of Mohan Mallah, Gaina @ Indu Mallah fired with his pistol, which hit his daughter Kusum Kumari (P.W.6) due to which she fell down and started struggling. When the family went to save the girl, Binod Mallah ordered to kill the entire family, at which Bindu Mallah fired at his nephew, Ajay Kumar, which hit on the back of his head, due to which he died. They then picked up Kusum Kumari, but on the way they were intercepted by the accused persons, who started firing on them so they took another route and reached the Police Station and gave the written statement. The reason for occurrence was earlier dispute over business of fishing rights. The first Patna High Court CR. APP (DB) No.387 of 2010 dt.05-01-2016 5/21 information report was attested by Umesh Kumar Kewat (P.W.2), Sanjay Kumar Sahni (P.W.1), Pale Sahni, not examined, and Rajesh Kumar

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.