Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.300 of 1999 *** Against the judgment and order dated 29.9.1999 passed in Sessions Trial no. 20/85 by Sri Rakeshwar Dayal, Additional Sessions Judge-I, Barh. =========================================================== 1. Naresh Singh 2. Binay Singh 3. Yugeshwar Singh .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance: For the Appellants: Mr.Dhananjay Kumar & Arun Kumar Singh For the Respondent: Mr. Ajay Mishra, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL JUDGMENT Date: 01-05-2012 Statement of Nand Kishore Singh P.W.7 has been made basis for the F.I.R. which, in short, is that there was some dispute in between the parties with respect to fishing from a pond. Pond was being claimed by both the parties. They indulged in altercation and then accused appellants including Awdhesh Singh and others shot firing on informant party on abetment of Rajeshwar Prasad Singh. Several persons from the informant side received injuries. 2. Accused appellants of the case faced trial for the offence under [STATUTE] but convicted and sentenced for the offence under [STATUTE] . 3. In all seven witnesses are examined in the case and they are P.W.1 Moti Singh, P.W.2 Sunil Kumar Singh, P.W.3 Mukesh Kumar, P.W.4 Manohar Singh, P.W.5 Shyama Devi, P.W.6 Ramashray Singh and P.W.7 Nand Kishore Singh informant of the case. 4. All the witnesses are there to state about firing by all the three Patna High Court CR. APP (SJ) No.300 of 1999 dt.01-05-2012 2 appellants also causing injuries to different persons including P.Ws 2, 3, 4, 5 and 7 either specifying the firing or generalising the same. 5. Contradiction on the point of real fishing or not is pointed out by learned counsel for the appellants but on the point of firing there is no contradiction. His submission is that I.O. and the doctor are not examined in the case. Examination of .I.O. was relevant on the point that as per allegation blood stain was there on the place of occurrence. Firing is denied and the doctor is not examined to state the injuries by fire arms. 6. In my view also witnesses can be believed for causing of injuries but may not be believed by fire arm because of the reason that the doctor is only competent to state the nature of injury or weapon used. None of the injuries is said grievous. Now they may not be believed for causing by fire arm. Once the injury is there, [STATUTE] comes to play role. So, the conviction is believed for the offence under [STATUTE] . On the point of sentence, submission of learned counsel for the appellants is that incident, if any took place in the year 1982, parties are sharers, were claiming their right to fish which now is settled and they are living peacefully, so, at this stage no sentence for imprisonment can serve the purpose which I also agree. 7. On the observations made above, evidencve on record and circumstances of the case, the appeal is partly allowed, judgment of conviction and order of sentence dated 29.9.1999 passed in Sessions Trial no. 20/85 for the offence under [STATUTE] is set aside and accepted for the offence under [STATUTE] . On the point of sentence appellants are ordered to be released after due admonition. Patna High Court CR. APP (SJ) No.300 of 1999 dt.01-05-2012 3 8. As the appellants are on bail, they shall stand discharged from liabilities of their bail bonds. 9. Let a copy of this judgment along with lower court records be sent back to the trial court forthwith. A.I./- (Mandhata Singh, J)

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.