Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.478 of 2005 =========================================================== 1. Upendra Patel @ Upendra Rout s/o Late Daroga Raut 2. Polis Raut s/o Rama Raut Both resident of village Dubaulia, P.S. Ramgarhwa, P.S. + District East Champaran .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 549 of 2005 =========================================================== Udai Chand Thakur s/o Late Ram Awadh Thakur, resident of village Sheopur Birta, P.S. Ramgarhwa, District- East Champaran. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 859 of 2007 =========================================================== Rabindra Patel son of Late Daroga Raut resident of Dubwaliya, P.S. Ramgarwa, District East Champaran. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 922 of 2011 =========================================================== Kari Mian @ Md. Kari Mian S/O Late Musa Mian Resident Of Village- Piparpati, Police Station- Ramgarhawa, District- East Champaran .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s =========================================================== [Against the judgment of conviction and order of sentence dated 21.6.2005 and 23.6.2005 respectively passed by Sri Sanjay Kumar, learned 4th Additional Sessions Judge, Motihari in Sessions Trial No. 442 of 2004/20 of 2005, judgment of conviction and order of sentence dated 3.4.2007 and 7.4.2007 passed by Sri Raj Kishore Singh, learned Additional Sessions Judge, FTC-II, East Champaran, Motihari in Sessions Trial No. 343 of 2005/110 of Patna High Court CR. APP (DB) No.478 of 2005 dt.08-08-2012 2 2005 and judgment of conviction and order of sentence dated 19.8.2011 and 23.8.2011 respectively passed by Sri Ram Pukar Yadav, learned 4th Additional Sessions Judge, Motihari in Sessions Trial No. 718 of 2006] Appearance : (In CR. APP (DB) No. 478 of 2005) For the Appellant/s : Mr. Ansul, Adv. For the Respondent/s : Mr. Ashwini Kumar Sinha, APP For the informant Mr. Girish Chandra Sharma, APP (In CR. APP (DB) No. 549 of 2005) For the Appellant/s : Mr. Ram Adya Singh, Adv. For the Respondent/s : Mr. Ashwini Kumar Sinha, APP For the informant Mr. Girish Chandra Sharma, APP (In CR. APP (DB) No. 859 of 2007) For the Appellant/s : Mr. Pramod Ranjan, Adv For the Respondent/s : Mr. Ashwini Kumar Sinha, APP For the informant Mr. Girish Chandra Sharma, APP (In CR. APP (DB) No. 922 of 2011) For the Appellant/s : Mr. Arjun Prasad, Adv. For the Respondent/s : Mr. Ashwini Kumar Sinha, APP For the informant Mr. Girish Chandra Sharma, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 08-08-2012 Cr. Appeal (D.B.) No. 478 of 2005 has been filed on behalf of Upendra Patel @ Upendra Rout and Polis Raut and Cr. Appeal (D.B.) No. 549 of 2005 has been filed on behalf of Udai Chand Thakur against the judgment of conviction and order of sentence dated 21.6.2005 and 23.6.2005 respectively passed by learned 4th Additional Sessions Judge, Motihari in Sessions Trial No. 442 of 2004/20 of 2005 by which the appellants of both these appeals have been convicted and Patna High Court CR. APP (DB) No.478 of 2005 dt.08-08-2012 3 sentenced to undergo imprisonment for life each under Section 364(A) and 120 (B) IPC. Both the sentences have been directed to run concurrently. 2. Cr. Appeal (D.B.) No. 859 of 2007 has been filed on behalf of Rabindra Patel against the judgment of conviction and order of sentence dated 3.4.2007 and 7.4.2007 passed by the learned Additional Sessions Judge, FTC-II, East Champaran, Motihari in Sessions Trial No. 343 of 2005/110 of 2005 by which the appellant has been convicted and sentenced to undergo imprisonment for life each under Section 364(A)/34 and 120(B) IPC. Both the sentences have been directed to run concurrently. 3. Cr. Appeal No. 922 of 2011 has been filed on behalf of Kari Mian @ Md. Kari Mian against the judgment of conviction and order of sentence dated 19.8.2011 and 23.8.2011 respectively passed by the learned 4th Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No. 718 of 2006 by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for life and also pay a fine of Rs.25,000/- under Section 364 (A) and 120 B IPC. and in default of payment of fine further simple imprisonment for two years. Patna High Court CR. APP (DB) No.478 of 2005 dt.08-08-2012 4 4. Since all these appeals arise out of Ramgarhawa P. S. Case No. 62 of 2003, G. R. No. 312 of 2003, as such all these appeals have been heard together and are being disposed of by this common judgment. 5. According to fard beyan of Ajay Kumar Pandey given to office-in-charge of Ramgarhawa police station on 29.5.2003 at 9.30 a.m., the prosecution case, in brief, is that Chandan Kumar aged about 10 years was the son of his elder brother Umakant Pandey. Chandan was studying at Raipur (Chhatisgarh) while residing with his father. The father of Chandan Kumar and the members of his family had gone to his village at Shivpur Brita, police Station Ramgarhawa to attend the marriage of his younger brother. On 28.5.2003 at about 6 P.M. Chandan was playing with other children in the field of Ramtapasya Sah. Chandan did not return till 7 pm. Therefore, the informant and the members of his family started searching him but he could not be found. On the following morning they enquired about Chandan from his younger brother Gunjan aged about 7 years as he was also playing with him. Gunjan Kumar disclosed that Uday Chand Thakur (appellant) had taken Chandan in the previous Patna High Court CR. APP (DB) No.478 of 2005 dt.08-08-2012 5 evening. Thereafter, Uday Chand Thakur (ap

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.