Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.427 of 1988 (Against the judgment of conviction and order of sentence dated 20.06.1988 passed by the learned 2nd Additional Sessions Judge, Madhepura in Sessions Case No.45/1981) =========================================================== 1. Hanuman Rajak, son of Shri Lalji Rajak. 2. Shiweshwar Rajak, son of Sri Munshi Rajak 3. Jagdish Sah, son of Sri Ram Swaroop Sah 4. Upendra Mukhiya, son of Jageshwar Mukhiya (All residents of village- Mirnagar, P.S.-Kishunganj, District- Madhepura) .... .... Appellants Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 438 of 1988 ======================================================= 1. Lala Nand Sah, son of Kishun Sah. 2. Laxman Sah @ Pharen Sah, son of Kishun Sah. 3. Kuldeep Rajak, son of Bhumi Rajak 4. Doma Rajak, son of Bhumi Rajak. 5. Kari Rajak, son of Bhumi Rajak 6. Harakh Chand Bhagat, son of Ram Prasad Bhagat. 7. Hanuman Bhagat, son of Harakh Chand Bhagat 8. Jago Sharma, son of Sri Titar Sharma 9. Subhas Sharma, son of Laxmi Sharma. 10. Kamleshwari Sharma, son of Jago Sharma. 11. Kamal Sharma, son of Balo Sharma. 12. Bindeshwari Sharma, son of Bipat Sharma. 13. Dukhan Sah, son of Badri Sah. 14. Anirudha Sharma, son of Bipat Sharma. Patna High Court CR. APP (DB) No.427 of 1988 dt.27-01-2012 2 / 26 2 15. Ramdeo Sharma, son of Badan Sharma. 16. Gona Sharma, son of Thithar Sharma. 17. Ravi Sharma, son of Thithar Sharma. 18. Bipat Sharma, son of Budhan Sharma. 19. Brahmadeo Sharma, son of badan Sharma. 20. Budhan Sah, son of Badri Sah. 21. Chari Sharma, son of Kanchan Sharma. (All residents of village- Mirnagar, P.S.- Kishunganj, District- Madhepura) .... .... Appellants Versus The State of Bihar .... .... Respondent ====================================================== Appearance: (In CR. APP (DB) No. 427 of 1988) For the Appellants : Mr. Ramesh Kumar Singh, Advocate For the Respondent : Mr. S.C. Mishra, A.P.P. (In CR. APP (DB) No. 438 of 1988) For the Appellants : Mr.Ramesh Kumar Singh, Advocate For the Respondent : Mr. Ajay Mishra, A.P.P. ======================================================= CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT Date: 27-01-2012 (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Amaresh Kumar Lal, J. Since no one appeared on behalf of the appellants in both the appeals on calls, Mr. Ramesh Kumar Singh, Patna High Court CR. APP (DB) No.427 of 1988 dt.27-01-2012 3 / 26 3 Advocate was appointed as Amicus Curiae to assist the Court vide order dated 26.11.2010. 2. Mr. Ramesh Kumar Singh, the learned Amicus Curiae has pointed out that four appellants, namely, Hanuman Rajak, Upendra Mukhiya, Subhas Sharma and Laxman Sah @ Pharen Sah were juvenile at the time of occurrence as it appears from the statement of these accused-appellants under Section 313 Cr.P.C. As such, he has submitted that they were juvenile at the time of occurrence. 3. A report from the Juvenile Justice Board, Madhepura was called for, which has been received vide letter no.135 dated 10.12.2011 (Flag ‘A’). 4. Since both these appeals arise out of the common judgment of conviction and order of sentence, as such, both these appeals have been heard together and are being disposed of by this common judgment. 5. Both these appeals have been preferred by the aforesaid appellants against the judgment of conviction and order of sentence dated 20.06.1988 passed by the learned 2nd Additional Sessions Judge, Madhepura in Sessions Case No.45/1981 by which the accused-appellant Hanuman Rajak Patna High Court CR. APP (DB) No.427 of 1988 dt.27-01-2012 4 / 26 4 has been sentenced to imprisonment for life under [STATUTE] . and the other accused-appellants have been held constructively guilty of the offence under [STATUTE] . and they have also been sentenced to imprisonment for life under [STATUTE] . and all the accused-appellants have been further sentenced to R.I. to two years under [STATUTE] . The accused-appellant Jagdish Sah has been further held guilty under [STATUTE] . and sentenced to undergo R.I. for 10 years. No separate sentence has been passed under [STATUTE] . The sentences in the case of each accused were ordered to run concurrently. 6. The fardbeyan (Ext.4) of Ganeshi Sah (informant-not examined) was recorded by S.I., S.K. Roy (P.W.12) on 17.05.1979 at about 15.30 hours at Gwalpara, P.S.-Kishunganj, District- Saharsa at the bungalow of Ramchandra Sah (not examined) stating therein that there had been dispute with the appellants Jagdish Sah and Hanuman Rajak and the case was pending in the court. Due to this enmity, on 17.05.1979 at 12 O’clock , 100 persons armed with Lathi, Bhala, arrow and bow came to his house. Out of them, he identified Jagdish Sah, Hanuman Rajak, Patna High Court CR. APP (DB) No.427 of 1988 dt.27-01-2012 5 / 26 5 Shiveshwar Rajak, Kuldip Rajak, Domi Rajak, Kari Rajak, Jageshwar Mukhiya, Upendra Mukhiya, all armed with arrows, Bhusi Rajak armed with Lathi, Swaroop Lal Sah armed with Bhala, Lila Nand Saha armed with Bhala, Karan Sah armed with arrow, Dukhan Sah armed with arrow, Budhan Sah armed with arrow, Chari Sharma armed with arrow, Brahmdeo Sharma armed with arrow, Ramdeo Sharma armed with arrow, Jageshwar Sharma armed with spear, Gena Sharma armed with arrow, Rabi Sharma armed with arrow, Kamaleshwari Sharma armed with arrow, Viranchi Sharma armed with arrow, Bipat Sharma armed with Lathi, Kamal Sharma armed with Lathi, Binda Sharma armed with arrow, Ganandh Sharma armed with arrow, Harakhchand Bhagat armed with Lathi, Hanuman Bhagat armed with arrow and Subhash Sharma armed with pipegun. His guard Hasim Khan (P.W.5 and Jugal Rai (P.W.3) were going to take meal in the courtyard of his father Adhik Lal Sah (deceased). In the meantime, Jagdish Sah, appellant assaulted Hasim Khan with arrow

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.