Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.298 of 1989 [Against the judgment and order dated 18.5.1989 passed by Sri Abinasi Sharan Lal, learned 2nd Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 89 of 1986] =========================================================== Dukhi Karmkar son of Late Jagarnath Karmkar, resident of village- Dhukraha, P.S. Manpur, District- West Champaran, Bettiah. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Tarkeshwar Prasad Verma, Amicus Curiae For the Respondent/s : Mr. Shashi Bala Verma, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 29-03-2012 1. Dukhi Karmkar is aggrieved from the judgment and order dated 18.5.1989 passed by the learned 2nd Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 89 of 1986 whereby he had been held guilty under [STATUTE] and has been sentenced to rigorous imprisonment for life and rigorous imprisonment for six months respectively. The sentences have been ordered to run concurrently. 2. Two more accused were put on trial along with this appellant. Milan Karmkar Patna High Court CR. APP (DB) No.298 of 1989 dt.29-03-2012 2 was found guilty under [STATUTE] . and he had been sentenced to two years rigorous imprisonment. The third accused Balai Karmkar was found not guilty and he was acquitted. 3. The prosecution case which led to this appeal relates to an occurrence dated 25.9.1985 at village Dhokaraha No. 2, Police Station Bhangaha (Manpur), District- West Champaran. Lakhan Das (P.W. 5) gave his Fard Bayan (Ext. 1) which led to registration of formal FIR (Ext. 2) of Bhangaha (Manpur) P. S. Case No. 25 of 1985 dated 27.9.1985 under [STATUTE] . The informant alleged that while he was working along with Bimal Pal and when he was 100 yards from his house then he heard the sound of cry coming out from his house. One informant entered into his house and found that Dukhi Karmkar had caught waist of his informant. Dukhi called his brother. Milan Karmkar hurled farsa blow on the informant which hit on his right hand and he fell down. Bimal Pal tried to apprehend them on which both of them assaulted by farsa and lathi causing injuries on his right eye, left calf and several other places. It is further alleged that Milan inflicted farsa blow and Dukhi inflicted Patna High Court CR. APP (DB) No.298 of 1989 dt.29-03-2012 3 lathi blow on Bimal. In the meantime, Chand Mohan Bishwas, Lalit Mohan Bishwas and others came and saved them from further assault. The case was registered and investigation was taken up. The injured Bimal Pal died so [STATUTE] . was added. In course of investigation the inquest report of the dead body (Ext. 3) was prepared, injury reports (Ext. 5 and 5/1) were obtained, the post-mortem report (Ext. 4) was procured and the case was found to be true so the charge-sheet was submitted. Cognizance was taken and the case was committed to the court of Sessions where the charges were explained to the accused persons who pleaded innocence and preferred to face the trial. 4. The defence of the accused persons was of false implication and also that there was a dispute with regard to flow of rain/drain water between the appellant and prosecution side. In an altercation on 26.9.85 Bipin Pal received minor injuries but he was not properly treated and so he died. Their further defence is that with regard to the occurrence at the same time a case was lodged earlier vide Bhangaha (Manpur) P. S. Case No. 24 of 1985. 5. In order to prove the charge the Patna High Court CR. APP (DB) No.298 of 1989 dt.29-03-2012 4 prosecution has examined nine witnesses, who are P. W. 1 Bipin Pal, P. W. 2 Rajkumar Pal, P. W. 3 Lalit Mohan Viswas, P. W. 4 Aaso Rani, P. W. 5 Ram Lakhan Das, P. W. 6 Niranjan Das, P. W. 7 Raghu Nath Das, P. W. 8 Brahm Nath Singh and P. W. 9 Dr. Padmanand Jha. 6. P. W. 3 has been tendered. P. W. 7 has not supported the prosecution case so he has been declared hostile. Though P. W. 4 wife of P. W. 5 was declared hostile but she had supported the prosecution. Informant is P. W. 5. Investigating Officer is P. W. 8 and the doctor who has conducted post-mortem upon the dead body of Bimal Pal has been examined as P. W. 9. 7. Before discussing the oral evidence it would be appropriate to discuss the evidence of doctor who has held the post-mortem upon the dead body of Bimal Pal on 2.10.1985 at 11 a.m. and the doctor has found the following ante-mortem injuries:- (i) wound right side scalp, 2.5” x 1” (healing stage) (ii) wound left side leg below knee 2”x1/2” (healing stage) On dissection of injury no. 1, the scalp was full of blood and blood clots, Patna High Court CR. APP (DB) No.298 of 1989 dt.29-03-2012 5 fracture of right temporal and frontal bones both. On dissection of injury no. 2 only blood clots were found collected. Death was due to the injury noted above. Injury no. 1 was caused by hard and blunt substance. The death was within 24 to 36 hours. Only two ante-mortem injuries were present on the person of the deceased. With regard to injury no. 2 no definite opinion was given as to whether it was caused by hard and blunt substance or as it was in healing stage. Doctor has stated that injury starts healing after 96 hours. The doctor who has treated the injured/deceased Bimal Pal has not been examined. 8. Informant has described about the occurrence in his deposition when he has stated that on Wednesday evening he and Bimal Pal were retuning from their field. As soon as they came near their house, then they heard the cry of informant’s wife. The informant’s wife stated that the appellant, namely, Dukhi Karmkar had tr

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.