Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22247 of 2009 ===================================================== Akhilesh Kumar Singh, son of Sri Sitaram Singh, resident of M/s. Union Motor Bike, Rajendra Path, P.S. Gandhi Maidan, District-Patna. .... .... Petitioner. Versus 1. The State of Bihar. 2. Naushaba Khan, wife of Late Pappu Khan alias Parwaiz Khan, resident of Urdu Bazar, P.S. Tatarpur, District-Bhagalpur, at present Haroon Nagar, Sector-II, House No.14/2, P.S. Phulwari Sharif, Patna. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioner : Mr. Lakshmi Kant Sharma, Advocate. For the State : Mr. Satyendra Narayan Singh, A.P.P. For the O.P. No.2 : Mr. Aditya Prakash Sahai, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER --------------- 4 16-05-2012 The petitioner has filed this application under Section 482 of the Code of Criminal Procedure to quash the order dated 19.5.2009 passed in Sessions Trial No.141 of 2009 by the court of Additional Sessions Judge-II, Patna, rejecting the application dated 31.3.2009 filed on behalf of the petitioner, Akhilesh Kumar Singh and the application dated 27.3.2009 filed on behalf of the co- accused, Mohan Choudhary, under Section 227 of the Code of Criminal Procedure for discharge. 2. In brief, the case is that on the basis of the written report dated 19.9.2007 of the opposite party no.2, Naushaba Khan, Phulwari Sharif P.S. Case No.576 of 2007 was instituted under Patna High Court Cr.Misc. No.22247 of 2009 (4) dt.16-05-2012 2 / 5 2 [STATUTE] and Section 27 of the Arms Act against Reyazul and Pappu, the brother- in-law (shala) of Reyazul and 4-5 unknown. The opposite party no.2 has alleged in her written report that on 18.9.2007 at about 7 P.M., she alongwith her son, Sahnawaz, husband, Pappu Khan alias Perwaiz Khan and brother, Tipu Khan, was coming to her house situated at Harun Nagar on a Tata Indigo Merina Car, which was being driven by her brother, Tipu Khan. When the car reached near the transformer of her house, she saw four persons sitting on two motorcycles and 3-4 persons standing there. When the car reached at the turning, they started indiscriminate firing, on which her husband ordered to move the vehicle in a high speed but the car fell down at the some distance in drain. Thereafter, the aforesaid persons made indiscriminate firing on the car. In the meantime, her husband getting down from the car in injured condition started to flee away towards Phulwarisharif station but the criminals chased him and fired upon him. In the light of the vehicle, she saw that the brother-in-law (shala) of Reyazul was making firing at her husband saying to take the revenge on the attack of Reyazul. The person, who was driving the motorcycle, was also chasing her husband. In fear condition, she and her son got down from the vehicle. Her brother also sustained fire arm injury and he was badly injured. On Patna High Court Cr.Misc. No.22247 of 2009 (4) dt.16-05-2012 3 / 5 3 the sound of the firing, the neighbours rushed there and taking their help she sent her brother to Patna for treatment. Thereafter, she went alongwith her husband, who was injured and unconscious, to the hospital for treatment. The motive behind the occurrence is that few days before Md. Reyazul was attacked by someone in which the name of her husband was also figured. Today, when she came with the dead body of her husband at her house, she came to know that the motorcycle used by the criminals in occurrence, the shoes and cap of the criminals were seized by the police. 3. The police, after investigation, submitted the chargesheet under [STATUTE] against Pappu Karim, Mohan Choudhary and the petitioner, Akhilesh Kumar Singh, continuing the investigation against other accused. The learned Chief Judicial Magistrate, Patna, took the cognizance of the offence under the aforesaid Sections vide order dated 20.10.2008. Thereafter, the co-accused, Mohan Choudhary, and the petitioner, Akhilesh Kumar Singh filed the applications on 27.3.2009 and 31.3.2009 respectively under Section 227 of the Code of Criminal Procedure for discharge, which were rejected through the impugned order dated 19.5.2009, which is impugned in the present application. 4. Learned counsel appearing on behalf of the petitioner Patna High Court Cr.Misc. No.22247 of 2009 (4) dt.16-05-2012 4 / 5 4 made submission that in course of investigation one motorcycle bearing registration no.BR-1Z-7999 was found at the alleged place of occurrence, which was in the name of Upendra Nath, the tenant of the co-accused, Mohan Choudhary. The allegation against the petitioner is that he sold the said motorcycle to Upendra Nath, who was identified by the co-accused, Mohan Choudhary. The learned counsel for the petitioner further submitted that the petitioner being the registered dealer to deal the purchase and sale of second hand motorcycle through his shop in the name of Union Motorbike, in course of business he purchased the alleged motorcycle from Ashok Kumar Singh and sold the same to Upendra Nath on identification of the co-accused, Mohan Choudhary. 5. On the other hand, learned counsel appearing on behalf of the opposite party no.2 made submission that the paper regarding the ownership of the seized motorcycle bearing no.BR-1Z-7999, which was used in committing the offence, was found in the possession of the petitioner, which would appear from paragraph-29 of the case diary. 6. From perusal of the First Information Report and the case diary, it appears that while the petitioner was not named in the First Information Report but it has come during the course of investigation that the motorcycle bearing registration no.BR-1Z- Patna High Court Cr.Misc. No.22247 of 2009 (4) dt.16-05-2012 5 / 5 5

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.