Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No 276 of 2012 ====================================================== 1. Shibu Chauhan S/O Late Bhola Chauhan R/O Village - Kachanhar, P.S. Jalalgarh, District – Purnea .... .... Appellant/s Versus 1. The State Of Bihar 2. Ganesh Chauhan S/O Late Bishun Lal Das R/O Village - Kachanhar, P.S. Jalalgarh, District - Purnea 3. Pankaj Chauhan S/O Ganesh Chauhan R/O Village - Kachanhar, P.S. Jalalgarh, District - Purnea 4. Shiv Chauhan S/O Late Sanichar R/O Village - Kachanhar, P.S. Jalalgarh, District - Purnea 5. Ramanand Chauhan S/O Narayan Chauhan R/O Village - Kachanhar, P.S. Jalalgarh, District - Purnea 6. Narayan Chauhan S/O Late Bishun Chauhan R/O Village - Kachanhar, P.S. Jalalgarh, District - Purnea 7. Ghanshyam Chauhan S/O Ramanand Chauhan R/O Village - Kachanhar, P.S. Jalalgarh, District - Purnea .... .... Respondent/s ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH AND HON’BLE MR JUSTICE ASHWANI KUMAR SINGH Patna High Court CR. APP (DB) No.276 of 2012 (3) dt.19-03-2012 2 / 3 2 ORAL ORDER (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) 3 19-03-2012 This is an appeal against acquittal of the private respondents who have been, inter alia, charged under [STATUTE] (IPC). The private respondents are virtually of one family. We have heard the learned counsel for the appellant and perused the judgment under appeal and we have no reason to take a different view of the matter upon the evidence as brought on record. The judgment of the trial Court is neither perverse nor illegal in any manner. The prosecution case is that while returning after hearing Bhajan Kirtan late at night, the private respondents, who belonged to one family, surrounded the informant and his nephew and alleging that the nephew had dashed his cycle a year back and, thus, revenge should be taken. They all mercilessly started assaulting the informant and his nephew in order to kill. When we come to the evidence in Court, we find that the occurrence has taken place on 18.04.2009. The medical examination is said to have taken place on 19.04.2009. This prosecution, based on a private complaint, is lodged on 21.04.2009 that is after three days of the offence. Further, the trial Court has noticed that when the Patna High Court CR. APP (DB) No.276 of 2012 (3) dt.19-03-2012 3 / 3 3 medical evidence is proved, there is only one injury whereas the allegation is of indiscriminate assault by lathi etc by six persons on the informant and his nephew in the dead of the night. In that view of the matter, the trial Court has doubted the prosecution version and we have no reason to take a different view of the matter. The appeal is, accordingly, dismissed. M.E.H./- (Navaniti Prasad Singh) (Ashwani Kumar Singh)

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.