Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.321 of 2000 =========================================================== (Against the judgment of conviction dated 8.6.2000 and order of sentence dated 9.6.2000 passed by Shri Girindra Kishore Verma, Additional Sessions Judge-IV, Saran, Chapra, in Sessions Trial No.99 of 1993). =========================================================== 1. Chand Mohammad, son of Kasim Mian. 2. Shakil Ahmad, son of Ekbal Mian. 3. Ataullah Ansari, son of Kalamuddin Mian. 4. Abul Wahab Ansari, son of Kalamuddin Mian. 5. Ekbal Ahmad, son of Kalamuddin Mian. All residents of Kadipur, P.S. Khaira, District-Chhapra. .... .... Appellants. Versus The State of Bihar .... .... Respondent. =========================================================== Appearance : For the Appellants : M/s. Sarvendra Kumar Verma & Jai Vardhan Narayan, Advocates. For the State : Mr. Dashrath Mehta, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 07-11-2012 --------------- This appeal is directed against the judgment of conviction dated 8.6.2000 and order of sentence dated 9.6.2000 passed by the Additional Sessions Judge-IV, Saran, Chapra, in Sessions Trial No.99 of 1993, whereby the appellants have been found guilty for the offence under [STATUTE] and the appellant no.3, Ataullah Mian alias Ataullah Ansari and the appellant no.5, Ekbal Mian alias Ekbal Ahmad, have been sentenced to undergo rigorous imprisonment for one year whereas the appellant no.1, Chand Mohammad, appellant no.2, Shakil Ahmad and appellant no.4, Abul Wahab Ansari, have been directed to be released on their furnishing Patna High Court CR. APP (SJ) No.321 of 2000 dt.07-11-2012 2 / 11 2 probation bond of Rs.5000/-(five thousand) each with two sureties of the like amount each for a period of two years with an undertaking to be of good behaviour and to maintain peace. 2. On the basis of the fardbeyan of the informant, Nashim Ansari (P.W.3) as recorded at Nagra outpost on 31.5.1989 at 9 A.M., Chhapra Mufassil (Khaira) P.S. Case No.205 of 1989 was instituted under [STATUTE] against the accused-appellants. The informant, Nashim Ansari (P.W.3), gave his fardbeyan to the effect that on 31.5.1989 at about 8.30 A.M., he alongwith his brother, Ashif Ali (P.W.2), was going to his shop situated at Nagra Bazar. When he reached near the bridge of Gandak Canal, he saw that his villagers, the accused-appellants, Ataullah Mian, Ekbal Mian, Wahab Mian, Chand Mohammad Mian and Shakil Ahmad, were sitting under the bridge. Out of them, accused, Ekbal Mian, was armed with farsa and the accused, Ataullah Mian, was armed with dagger. All the accused-appellants surrounded the informant, Nashim Ansari (P.W.3) and his brother, Ashif Ali (P.W.2) by abusing them. The accused, Chand Mohammad Mian, and the accused, Wahab Mian, caught hold of his both forearms. The accused, Shakil Ahmad, in abusive language ordered to kill and throw dead bodies in the canal. On which the accused, Ekbal Mian, with an intention to kill gave a farsa blow on his head causing injury to him Patna High Court CR. APP (SJ) No.321 of 2000 dt.07-11-2012 3 / 11 3 and he fell down. Thereafter, the accused, Ataullah Mian, gave a dagger blow on the neck of his brother, Ashif Ali. However, he tried to save himself but received injury on his chin and he fell down. Thereafter all the accused-appellants assaulted him and his brother by means of legs, fists and slaps. The motive behind the occurrence is said to be the criminal case pending in between the informant and the accused-appellants. 3. The police on investigation submitted the chargesheet under [STATUTE] . Thereafter the cognizance of the offence was taken in the case against the accused-appellants and the case was committed to the court of sessions for trial, where charges under [STATUTE] was explained to the accused-appellants, who pleaded not guilty and claimed to be tried. 4. The learned Additional Sessions Judge-IV, Saran, Chapra, on perusal of the evidence and the materials available on the record, hold the accused-appellants guilty for the offence under [STATUTE] instead of [STATUTE] as stated above. 5. To substantiate the charge as levelled against the accused-appellants, the prosecution has examined altogether five witnesses, who are Ainul Haque (P.W.1), Ashif Ali (P.W.2), the Patna High Court CR. APP (SJ) No.321 of 2000 dt.07-11-2012 4 / 11 4 informant, Nashim Ansari (P.W.3), Hamid Mian (P.W.4) and Dr. Kumar Aadesh Chandra Srivastava (P.W.5) of Primary Health Centre, Jalalpur, who has examined the injuries of the informant, Nashim Ansari (P.W.3) and his brother, Ashif Ali (P.W.2). P.W.4, Hamid Mian, is the hostile witness and he has stated nothing about the occurrence as alleged in the F.I.R. 6. P.W.1, Ainul Haque, who is the co-villager of the informant, Nashim Ansari (P.W.3), has stated in his evidence that at the time of alleged occurrence he was returning from Nagra Chowk after taking tea and when he reached at the canal, he saw the accused- appellants, Ataullah Mian, Ekbal Mian, Wahab Mian, Chand Mohammad and Shakil, sitting under the canal. Out of them, the accused, Ekbal, was armed with farsa and the accused, Ataullah, was armed with dagger. This witness has further stated in his evidence that at the time of the alleged occurrence, Ashif and Nashim, were coming from their house and when they reached there, the accused, Wahab and Chand Mohammad, caught hold of the forearms of Nashim and on the order of the accused Shakil to kill and throw him in the canal, the accused Ekbal, gave a farsa blow on the head of Nashim, who fell down sustaining injury. The accused, Ataullah Mian, gave a dagger blow o

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.