Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.100 of 1999 (Against the Judgment of conviction dated 23.03.1999 and Order of sentence dated 26.03.1999 passed in S. Tr. No. 69 of 1996) =========================================================== 1. Panna Lal Chowdhary S/o late Maya Chowdhary 2. Jagdish Chowdhary S/o Ramayan Chowdhary Both residents of Village-Ojha Tola, Chakia, P.S. Chakia, District-East Champaran .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Ashoka Jang Bahadur Md. Rashid Alam Md. Anis Akhtar Md. Arif Daula Siddiqui Mr. Asif Kalim For the Respondent/s : Mr. Sujit Kumar Singh, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL JUDGMENT Date: 06-03-2012 Mandhata Singh, J. 1. Statement (fardbeyan) of Sushil Kumar Verma, P.W.3 has been made basis for the F.I.R. which, in short, is that on 24.10.1994 at about 5.15 a.m. informant was returning his home after meeting the call of nature, accused-appellants, Panna Lal Chaudhary and Jagdish Chaudhary armed with sword came and inflicted the same on him with intention to kill that is specified by mentioning that accused Panna Lal Chaudhary inflicted his sword on his head and back, while the accused-appellant Jagdish Chaudhary inflicted his sword on his left hand. Due to assault mentioned above informant received injuries on his head, back and left arm. He started to make Patna High Court CR. APP (SJ) No.100 of 1999 dt.06-03-2012 2 hue and cry, hearing the same, Manorma Devi, his sister-in-law (Bhabhi) came in his rescue. Further, allegation is that the accused- appellant Panna Lal Chawdhary blew sword on her chest. Pappu @ Bauna Chawdhary is shown one of the participants. For Kausaliya Devi, it is said that she was exhorting maro-maro. Girja Devi is involved in the case, as she had provided wine in the night before the date of occurrence. Hari Kishore Verma is shown planner involved in making criminal conspiracy for last two days. After hearing the alarm/cry, witnesses namely, Kamleshwar Ojha, Sanjay Prasad and Baijnath came and saw the occurrence. Reason behind the incident is said pressure to compromise a criminal case pending against accused- appellants for kidnapping of P.W.2’s daughter. 2. After concluding the trial, accused-appellants are only convicted and sentenced for the offence under [STATUTE] . 3. In all 8 witnesses are examined in the case and they are P.W.1 Kamaleshwar Ojha, P.W.2 Manorama Devi, P.W.3 Sushil Kumar Verma, informant of the case, P.W.4 Raj Kumar Singh, P.W.5 Dr. Arbind Kumar Singh, P.W.6 Rajdeo Manjhi, I.O. of the case, P.W.7 Dr. Amarendra Kumar Sinha and P.W.8 Dr. M.M. Rahim. 4. P.W.4 is a formal witness who has got Patna High Court CR. APP (SJ) No.100 of 1999 dt.06-03-2012 3 exhibited fardbeyan and signature of I.O. on it. P.W.6, I.O. of the case has stated about investigation of the case and nothing is referred by any of the parties if some mistake was committed on his behalf in investigating the case prejudicing merit. 5. P.W.1, P.W.2 and P.W.3 are only material witnesses to state taking place of the incident in which also P.W.1 is not stating about causing of any injury at the hand of accused- appellants in his presence, though he has supported the case of prosecution about receiving of injuries by P.Ws.2 and 3. 6. P.W.5 is a Doctor of Referral Hospital where both the victims were initially taken for their examination and treatment and he has got exhibited Ext.2 and 2/1. Three injuries are shown on person of P.W.3 and two on P.W.2, stated by them also. P.W.7 and P.W.8 are the witnesses who provided medical aid to P.W.2 and P.W.3. According to the learned counsel for the accused- appellants, injuries found by P.W.5, on person of P.W. 2 and P.W. 3 is shown increased in para-25 to 30 of the Judgment as bed head tickets were mentioning such injuries. After going through both the bed head tickets, it is apparent that extension of injuries for stitching were there appearing bifurcating injuries, otherwise also the injuries found by P.W.5 initially is found intact on person of the P.W.2 and P.W.3 by sharp cut weapon grievous also. Patna High Court CR. APP (SJ) No.100 of 1999 dt.06-03-2012 4 7. There is no need to mention that P.W.2 and P.W.3 are there to name the assailants, as accused-appellants who caused injuries in course of incident. They are doubted on the ground of no corroboration by independent witnesses and making no case under [STATUTE] . as there was no intervening circumstance. It is made clear that victim of the case are the witnesses of more importance. A care only is needed if they are in inimical term to the accused. Further, no number is prescribed for believing the prosecution case even a single witness is sufficient. In this case number of prosecution witness is two. Both the injured who are stating the whole prosecution story naming accused-appellants also. There is nothing to doubt the statement made by them. 8. Certainly, there is some unnecessary observation made by the Trial Court that witnesses named in the F.I.R. were not produced as were gained over. It is made clear that Public Prosecutor is the best judge to produce any witness to save the interest of prosecution. 9. As on the point of intervening circumstance, it is the case of prosecution that P.W.3 first received injuries and his Bhabhi P.W.2 came in his rescue. For him, there is circumstance intervening giving no more opportunity for injuries. On the point of injury to P.W.2 statement of P.W.3 is that on his alarm, his Bhabhi Patna High Court CR. APP (SJ) No.100 of 1999 dt.06-03-2012 5 came, she was also assaulted by accused-appellants by means of sword, blow of Jagdish hit her head and she fell down thereafter, this informant tried to raise her and he was again assaulted on his back. Moreo

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.