Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.792 of 2010 ====================================================== Santosh Paswan @ Santosh Kumar Paswan S/O Late Brahmdeo Paswan R/O Larkania Tola, P.S.- Katihar, Distt.- Katihar .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opp. Party/s : Mr. Ram Chandra Sahni, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 03-07-2012 The petitioner, being aggrieved by the judgment and order dated 12th March, 2010 passed in Sessions Trial No. 401 of 2001 by the learned Additional Sessions Judge F.T.C.III, Katihar, though acquitting him of the charges under [STATUTE] , but convicting him for the charge under [STATUTE] , has preferred the present revision application under sections 397 and 401 of the Code of Criminal Procedure, 1973, questioning the correctness, legality and propriety of the impugned judgment. Admittedly, in view of conviction of the petitioner under [STATUTE] only, he has been released by the learned trial court after due admonition in exercise of the powers under section 3 of the Probation of Offenders Act, Patna High Court CR. REV. No.792 of 2010 (2) dt.03-07-2012 2/2 1958. Obviously, now the petitioner is not required to serve out the sentence in prison. No case for interference is made out. The application stands dismissed. RPS/- (Birendra Prasad Verma, 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.