Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.350 of 1989 [Against the judgment of conviction and order of sentence dated 17.7.1989 passed by Sri Basudeo Sahai, learned 3rd Additional Sessions Judge, Saharsa in Sessions Trial No. 133 of 1987] =========================================================== Chandra Bhushan Paswan .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 399 of 1989 =========================================================== Anirudh @ Anant Paswan, son of Jageshwar Paswan (Das), resident of village Karahia, P. S. Kishunpur, Distt. Saharsa. .... .... Appellant/s Versus The State of Bihar … …. Respondent/s =========================================================== Appearance : (In CR. APP (DB) No. 350 of 1989) For the Appellant/s : Mr. Siddharth Harsh, Amicus Curiae For the Respondent/s : Mr. Shivesh Chandra Mishra, Adv. (In CR. APP (DB) No. 399 of 1989) For the Appellant/s : Mr. Anil Kumar Mukund, Adv. For the Respondent/s : Mr. Shivesh Chandra Mishra, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 23-03-2012 Cr. Appeal No. 350 of 1989(D. B.) filed by Chandra Bhushan Paswan and Cr. Appeal No. 399 of 1989(D.B.) filed by Anirudh @ Anant Paswan arise out of judgment of conviction and order of sentence dated 17.7.1989 passed by the 3rd Additional Sessions Judge, Patna High Court CR. APP (DB) No.350 of 1989 dt.23-03-2012 2 Saharsa in Sessions Trial No. 133 of 1987 by which both the appellants have been held guilty under [STATUTE] . and sentenced to undergo rigorous imprisonment for life, as such both these appeals have been heard together and are being disposed of by this common judgment. 2. The prosecution case, in brief, is that Siyabati Devi (P.W. 5), the daughter of Mahabir Paswan (informant/P.W. 6) was married to the appellant Chandra Bhushan Paswan 12 years ago. One son and three daughters were born to her out of said wedlock. Two months ago the appellant Chandra Bhushan came to the house of the informant (P.W. 6) along with his wife and children and asked him to allow them to live there. He would make arrangement to the house of Anirudh Paswan (appellant) and would go there. All of them lived with the informant. Later on, the appellant Chandra Bhushan Paswan made separate arrangement of his mess. Two days earlier there was quarrel between the appellant and his wife. The informant and the appellant Chandra Bhushan assaulted his wife which was protested by the informant and his son Ram Chandra Paswan (injured). Due to that reason, Chandra Bhushan Paswan threatened the informant and his son, as a result of which in the night of 13.8.1986 at 1 a.m. the informant and his son Ramchandra (deceased) were Patna High Court CR. APP (DB) No.350 of 1989 dt.23-03-2012 3 sleeping in his Dalan and both of them awoke after hearing the noise. The torch light was flashed and in the light of torch flashed by the accused the informant identified his son-in-law Chandra Bhushan his elder brother Anirudh @ Anant and his nephew Shyam Sundar Paswan (acquitted). Chandra Bhushan and Anirudh (appellants) had torch in their left hand and a bottle of colour liquid in their right hand and the accused Shayam Sundar Paswan was also having torch. At the instance of Anirudh @ Anant Chandra Bhushan Paswan poured liquid (acid) on the head of Ramchandra Paswan with intention to kill him. Ramchandra was also thrashed and acid was also poured in his eyes. The informant went to his rescue, Anirudh poured acid on the person of the informant which caused injury on his face, hands, thigh, head, back and abdomen. On raising alarm Kaleshwar Paswan, Laxman Paswan, Dukhi Paswan ( none of them examined), Basudeo Paswan (P.W. 3) and others came there and witnessed the occurrence. After seeing them all the accused moved towards eastern side. Both the injured were taken to Kishanpur Hospital, Saharsa where fard beyan of Mahabir Paswan (P.W. 6) was recorded on 13.8.1986 at 2.30 a.m. 3. On the basis of Fard Beyan Kishanpur P. S. Case No. 93 of 1986 was registered corresponding to G. R. No. 493 of 1986. FIR was received in the court of Patna High Court CR. APP (DB) No.350 of 1989 dt.23-03-2012 4 learned Sub-divisional Magistrate, Supaul on 21.8.1986. After investigation charge-sheet was submitted against all the accused. In due course the case was committed to the court of sessions. The charges were framed against all the accused for the offence punishable under [STATUTE] . to which the accused denied and claimed to be tried. After the trial the accused Shayam Sundar Paswan was acquitted and both the appellants were convicted and sentenced as aforesaid. 4. This court is required to re-evaluate the evidence to examine as to whether the prosecution has been able to substantiate its case beyond all reasonable doubts. 5. The defence of the accused appellants is that they have been falsely implicated at the instance of Kamal Mukhiya and no such occurrence has taken place. Appellant Anant incurred a wrath of Kamal Mukhiya. He wanted to purchase same land which was somehow or other cancelled by Mohan Prasad Chaudhary, vendor of the land already purchased by Sudama Devi, wife of accused Anant. The further defence is that Mohan Chaudhary, the vendor is closely related with Kamal Mukhiya. 6. The prosecution has examined the following Patna High Court CR. APP (DB) No.350 of 1989 dt.23-03-2012 5 witnesses to substantiate its case:- P. W. 1 Thalai Jha, P. W. 2 Ratneshwar Mandal, P. W. 3 Basudeo Paswan, P. W. 4 Janki Devi, P. W. 5 Siyabati Devi, P. W. 6 Mahavir Paswan, P. W. 7 Ramjanam Sharma, P. W. 8 Kameshwar Prasad Singh and P. W. 9 Dr. Umesh Lal Vishwakarma. 7. P. Ws. 1 and 2 are the seizure witnesses and both of them have been declared hostile. P. W. 1 has denied

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.