Case Facts:
Patna High Court Cr.Misc. No.43375 of 2011 (3) dt.03-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43375 of 2011 ====================================================== 1. Laxaman Yadav S/O Sukhi Yadav Village Purshotampur, P.S. Shahpur, District Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madanjeet Kumar, Advocate For the informant/s : Mr. Pankaj Kumar Singh For the State : Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 03-02-2012 Heard learned counsel appearing on behalf of the petitioner, the informant and the learned counsel appearing on behalf of the State. The petitioner is in custody in connecting with Shahpur (Bahoranpur) P.S.Case No.20 of 2011 for offence punishable under [STATUTE] and section 27 of the Arms Act. Taking into consideration the allegation against this petitioner of firing at the brother of the informant hitting him on the chest leading to his death as also taking into consideration the post mortem report which attributes the death to fire arm injury, I am not inclined to consider the prayer of the petitioner and the same is refused. The application is dismissed. ahk/- (Jyoti Saran, J.)

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.