Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.247 of 2009 ====================================================== Sk. Salauddin, son of late Sk. Sarif, resident of village Jhumka, P.S. Sikta, District West Champaran .... .... Petitioner/s Versus 1. The State of Bihar 2. Shah Jahan 3. Sher Jahan, both 2 and 3 are sons of late Sk. Mohammad Shah, resident of village Jhumka, P.S. Sikta, District West Champaran .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate For the State of Bihar : Mr. R.N.Jha, Addl.P.P. For the Opp. Party No. 2 and 3 : Mr. Hemendra Prasad Singh, Sr. Advocate Mr. Ram Kishore Singh, Advocate Mr. Satyapal Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 01-10-2012 Heard learned counsel appearing on behalf of the parties. By the judgment and order dated 15.10.1996 passed by the learned 1st Assistant Sessions Judge, West Chamaparan, Bettiah, in Sessions Trial No. 273 of 1986, the accused opposite party nos. 2 and 3 were convicted for charge under [STATUTE] and were, accordingly, sentenced to undergo rigorous imprisonment for seven years. Accused opposite party nos. 2 and 3, being aggrieved by the aforesaid judgment of conviction and order of sentence passed by the learned trial court, Patna High Court CR. REV. No.247 of 2009 (3) dt.01-10-2012 2 / 3 2 preferred Cr. Appeal No. 89 of 1996, which has been finally disposed by the impugned judgment and order dated 6th January, 2009 passed by the learned Additional sessions Judge, Fast Track Court-IV, West Champara, Bettiah, whereby the aforesaid appeal preferred by the opposite party nos. 2 and 3 has been dismissed but their conviction under [STATUTE] has been altered from that of [STATUTE] and instead of sentencing them to prison, they have been directed to be released on execution of probation bond of Rs. 5,000/- for a period of six months in terms of Section 4 of The Probation of Offenders Act, 1958. The occurrence in question is said to have taken place as far bas as in 1985 and thereafter almost more than 27 years have elapsed. The learned lower appellate court was fully empowered and was justified in reappraising the entire materials/evidence available on the record and coming to a different conclusion than that of the learned trial court. Learned counsel appearing on behalf of the petitioner has argued the matter at great length, but has assailed the impugned judgment dated 6.1.2009 passed by the learned lower appellate court primarily on the ground that the evidence of the prosecution has not been properly appreciated for coming to a different conclusion than that of the learned trial court. It is well settled that appeal is a continuation of trial and, therefore in an appeal preferred against the judgment of conviction, the learned appellate court is within its jurisdiction to reappraise the entire evidence and come to a different conclusion than that of the learned trial court. In the facts and circumstances, this Court is not Patna High Court CR. REV. No.247 of 2009 (3) dt.01-10-2012 3 / 3 3 inclined to exercise its revisional jurisdiction for setting aside and reversing the judgment and order passed by the learned lower appellate court. No case for interference is made out. The application stands dismissed. Kanth/- (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.