Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.123 of 1999 ===== Against the judgment and order of conviction dated 27.5.1999 passed in Sessions Trial No. 461 of 1986 by Sri Amod Prasad Ram, 1st Additional Sessions Judge, Patna. ***** Moti Lal Gupta .... .... Appellant Versus The State of Bihar .... .... Respondent === For the appellant: Ruby Kumari, Amicus Curiae For the Respondent: Mr. Ajay Mishra, A.P.P. ***** Present THE HON’BLE MR JUSTICE MANDHATA SINGH J U D G M E N T Mandhata Singh,J., Prosecution case initiated on Fardbeyan of one Gopal Mahto, in brief is that on 17.8.1978 at about 4.00 PM informant was purchasing guava at Fatuha Bazar Chouraha, P.S.Fatuha, District Patna. Kameshwar Sonar came running and entered in the book shop of one Gopal Singh. The accused appellant was chasing him, shot firing aiming Kameshwar Sonar from his licensed gun which caused injury on left testicle of informant, a vegetable seller P.W.2 and a lady P.W.5. Mob and Police assembled there, caught the accused appellant along with co-accused Prem Nath Gupta. 2. After concluding the trial, the trial court convicted the appellant and sentenced him for the offence under [STATUTE] . Apart from other points touching the merit it is submitted on behalf of Amicus Curiae that appellant was 82 years in the year 1999 while his statement under Patna High Court CR. APP (SJ) No.123 of 1999 dt.30-01-2012 2 section 313 Cr.P.C. was recorded, now has become 93 years if is alive and from his firing though three persons are injured but by pellets causing simple injuries and he remained in custody from 18.8.1978 to 21.8.1978, 20.3.1979 to 27.3.1979 and 27.5.1999 to 23.6.1999, in my view, if that period is observed towards sentence that may meet the ends of justice. On that point period undergone by the appellant in custody is observed sufficient. 3. This appeal is accordingly, dismissed. The judgment of conviction dated 27.5.1999 passed in Sessions Trial No.461 of 1986 is maintained with modification in sentence which is modified and minimized to the period already undergone by the appellant. He is exonerated from the liability of fine imposed by the trial court also. As the appellant is on bail, he shall stand discharged from liability of his bail bond. 4. Copy of judgment along with lower court records be sent back to the trial court forthwith. 5. Let a copy of first page and last page of this judgment be handed over to learned Amicus Curiae for needful. (Mandhata Singh,J.) PATNA HIGH COURT Dated 30.01.2012 AI/NAFR

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.