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Patna High Court

Ajay YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appellate court affirmed the conviction under Sections 307, 387 IPC and 27 Arms Act, finding the evidence sufficient and modifying the sentence to time already served.

Summary

Ajay Yadav was convicted for firing at an informant who refused to pay a demanded rangdari amount, causing a firearm injury to the victim's left thigh near the scrotum. The trial court sentenced him to ten years for attempt to murder (IPC s.307), seven years for attempt to cause grievous hurt (IPC s.387) and three years for unlawful possession of a firearm (Arms Act s.27), to run concurrently. On appeal, the defence argued that the investigation was defective, key witnesses were hostile or hearsay, and there was no conclusive medical opinion on the seriousness of the injury. The High Court held that the victim‑injured witness’s testimony was reliable, corroborated by the doctor’s report and the investigating officer’s findings, and that the prosecution had proved the elements of the offences beyond reasonable doubt. While affirming the conviction, the Court reduced the sentence to the period already served, finding it sufficient in the interests of justice. Consequently, the appeal was dismissed.

Issues considered

  • Whether the prosecution proved the offences under Sections 307 and 387 of the IPC and Section 27 of the Arms Act beyond reasonable doubt
  • Whether the testimony of the injured victim (PW‑4) is reliable despite claims of hostility and lack of corroboration
  • Whether defects in the investigation justify overturning the conviction

Legislation cited

Subjects

  • attempt to murder
  • grievous hurt
  • Arms Act
  • injured witness
  • evidence reliability
  • defective investigation
  • sentence reduction
  • rangdari extortion

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL APPEAL (SJ) No.25 of 2010
       Arising Out of PS. Case No.-110 Year-2006 Thana- GOGRI District- Khagaria
======================================================
Ajay Yadav S/O Late Sitaram Yadav R/O Village- Itahari, P.S- Gogari, Distt.-
Khagaria.




                                                                   ... ... Appellant/s
                                       Versus


The State of Bihar




                                          ... ... Respondent/s
======================================================
Appearance :

For the Appellant/s      :        Mr. Praveen Kumar Agrawal, Advocate

                                  Mr. Mukesh Kumar, Advocate

                                  Mr. Santosh Kumar Singh, Advocate

For the State            :        Mr. Mukeshwar Dayal, A.P.P.

======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                    ORAL JUDGMENT

 Date : 16-01-2026

                      Heard learned counsel for the appellant and

 learned Additional Public Prosecutor for the State.

                      2. The present appeal is directed against the

 judgment of conviction dated 19.11.2009 and order of

 sentence dated 20.11.2009 passed by learned Additional

 Sessions Judge – 1st, Khagaria in Sessions Case No. 464 of
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         2006, arising out of Gogri P.S. Case No. 110 of 2006

         whereby and whereunder the appellant has been convicted for

         the offences punishable under Sections 307 and 387 of IPC

         and under Section 27 of the Arms Act and has been sentenced

         to undergo rigorous imprisonment for 10 years along with fine

         of Rs. 5,000/- under Section 307 of IPC and further sentenced

         to undergo rigorous imprisonment for 7 years along with fine

         of Rs. 1,000/- under Section 387 of the I.P.C. and further

         sentenced to undergo rigorous imprisonment of 3 years and

         also fine of Rs. 500/- for the offence under Section 27 of the

         Arms Act. All the sentences have been directed to run

         concurrently.

                             3. The prosecution case, in brief, is that on

         21.04.2006 at 04:45 A.M., the informant (PW-4) was

         returning after attending the call of nature, and upon reaching

         north of Kali Asthan, about 100 yards ahead of the basa of

         Ram Sao in village Fudkichak, the appellant Ajay Yadav

         allegedly surrounded the informant while holding a pistol.

         The appellant questioned the informant as to why he and

         members of his caste had failed to fulfill the demand of

         rangdari amounting to Rs. 1,50,000/-. When the informant

         expressed his inability to pay the said amount due to his poor
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         economic condition, the appellant allegedly fired at him with

         the pistol, causing injury to the left thigh near the scrotum, as

         a result of which the informant fell down in a seriously

         injured condition. It is further alleged that Shiv Shankar

         Sharma (PW-2), Suresh Sharma (PW-3) and several other

         persons were present at the place of occurrence and they

         witnessed the incident. While narrating the prosecution story,

         it was further reiterated that on 20.04.2006 at about 6:00

         A.M., Sudhir Yadav, the elder brother of the appellant, came

         to the informant while the informant was going to attend the

         call of nature and stated that appellant Ajay Yadav was

         demanding money. He allegedly ordered the informant and

         other members of his community to pay the demanded

         amount, failing which they would face dire consequences and

         would be driven out of the village. It is further alleged that

         while some persons were taking the injured informant to the

         hospital, the appellant again intercepted them on the way and

         threatened the informant not to lodge an F.I.R., failing which

         the appellant would kill the entire family of the informant.

                             4. On the basis of fardbayan recorded by the

         informant/PW-4, Gogri P.S. Case No. 110 of 2006 dated

         21.04.2006 for the offence under Sections 341, 386, 387, 307
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         and 34 of the I.P.C. and Section 27 of the Arms Act was

         lodged.      Routine       investigation           followed.   Statement   of

         witnesses came to be recorded and on the completion of

         investigation, charge sheet has been submitted against the

         appellant under Sections 341, 386, 387, 307 and 34 of the

         IPC. Thereafter, the learned trial court took cognizance under

         aforementioned Sections of the IPC. The case was committed

         to the court of sessions after following due procedure. The

         learned trial court framed charges against the appellant under

         Sections 307 and 387 of the IPC and Section 27 of the Arms

         Act. Charges were read over and explained to the appellant to

         which he pleaded not guilty and claimed to be tried.

                             5. In order to bring home the guilt of the

         accused persons, the prosecution has examined altogether six

         witnesses, including four prosecution witnesses and two court

         witnesses viz. PW-1 Sujay @ Suraj Sharma (son of the

         informant), PW-2 Shivshankar Sharma, PW-3 Suresh Sharma,

         PW-4 Sadhusharan Sharma (victim as well as informant of

         this case), CW-1 Sanjiv Kumar (Investigating Officer) and

         CW-2 Dr. Arvind Kumar Gupta (doctor who has firstly

         examined the victim). I.O. has been been examined under

         Section 311 of the Cr.P.C and thereafter Dr. Arvind Kr. Gupta
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         was also examined under Section 311 of the Cr.P.C.

                             6. Prosecution has relied upon following

         documentary evidence on record:-

                                                        Ext. 1- Fardbeyan
                                                        Ext. 1/1- Endorsement
                                         on the margin of Fardbeyan for
                                         registration        of   the   case   and
                                         entrustment of investigation.
                                                        Ext. 2 – Formal F.I.R.
                                                        Ext. 3 – Injury Report.



                              7. Defence has not produced                 any oral or

         documentary evidence in his support. However, defence of the

         appellant as gathered from the line of cross-examination of

         prosecution witnesses as well as from the statement of the

         accused under Section 313 of the Cr.P.C. is that of total

         denial.

                              8. After hearing the parties, the learned trial

         court convicted the appellant and sentenced him as indicated

         in the 2nd paragraph of the judgment.

                              9. Following submissions have been made on

         behalf of learned counsel for the appellant:-

                              Learned       counsel         for   the   appellant    has
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         submitted that from the perusal of the F.I.R., it is evident that

         PW-2 (Shivshankar Sharma) and PW-3 (Suresh Sharma) were

         present at the place of occurrence; however, they have been

         declared hostile and have not supported the prosecution case.

         It is further submitted that opinion regarding the nature of all

         the injuries sustained by the injured was kept reserved. In the

         absence of a final medical opinion, no inference can be drawn

         as to whether the injuries were simple, grievous or dangerous

         to life. Consequently, the seriousness of the injuries cannot be

         assessed without a final medical opinion. PW-1/ Sujay @

         Suraj Sharma is also not an eyewitness to the alleged

         occurrence. He is merely a hearsay witness. Learned counsel

         for the appellant has further submitted that the place of

         occurrence has not been proved. The Investigating Officer

         (I.O.) has conducted a very faulty and casual investigation and

         has failed to seize the blood-stained soil from the alleged

         place of occurrence and the same is admitted by the I.O.

         during his cross-examination. It is further contended that the

         investigation was not conducted in a fair and impartial

         manner. The I.O. failed to investigate the admitted fact that

         the appellant and the informant are neighbours and that their

         lands are adjacent to each other. The possibility that prior
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         animosity between the parties may have led to the lodging of

         a false case against the appellant, has not been examined at

         all. Moreover, not a single independent witness has been

         examined by the prosecution. Although it has come on record

         that the victim was allegedly carried on a thela by Jabbar

         Miyan, the said Jabbar Miyan has also not been examined by

         the prosecution. Except for the sole statement of the injured,

         there is no corroborative evidence to support the prosecution

         case. Learned counsel for the appellant further submits that

         from perusal of the impugned judgment itself the appellant is

         having no criminal antecedent. In light of the aforesaid facts

         and circumstances, it is submitted that the prosecution has

         failed to prove its case against the appellant beyond

         reasonable doubt.

                              10. Learned counsel appearing on behalf of

         the State has submitted that PW-4, who is the informant as

         well as the victim, is the star witness of the prosecution case.

         It is further submitted that PW-4 has fully explained the

         genesis of the prosecution case and has elaborately and

         consistently narrated each aspect of the occurrence, thereby

         substantiating the prosecution version. He has further

         submitted that the informant/victim was threatened at the
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         place of occurrence while he was defenceless. It is alleged

         that the appellant was demanding rangdari and upon refusal

         to meet the said demand, the informant sustained a firearm

         injury on the left thigh near the scrotum , which is a highly

         sensitive part of the body. It is further submitted that a firearm

         injury inflicted on the left thigh near the scrotum is sufficient

         to cause death. He further submits that so far as the number of

         witnesses is concerned, it is argued that the quality and

         credibility of the evidence, and not the number of witnesses,

         is determinative. Even the statement of a single witness, if

         found to be reliable and inspiring confidence, is sufficient to

         sustain the prosecution case in light of the facts and

         circumstances of the case. The manner in which occurrence

         has taken place, informant is found at a particular place after

         returning from call of nature and the very aggressive posture

         as posed by the appellant, the victim has to bear the

         consequences at the act of appellant. The appellant was

         having arms and he fired upon the victim, who sustained

         injury upon the left thigh near the scrotum. The manner in

         which the occurrence took place clearly establishes that the

         informant was returning after attending the call of nature

         when he was confronted by the appellant, who was in an
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         aggressive posture and armed with a firearm. The victim was

         compelled to bear the consequences of the appellant’s act, as

         the appellant fired upon him, causing injury to his left thigh

         near the scrotum. Learned APP for the State has further

         submitted that while recording the conviction under Sections

         307 and 387 of the I.P.C. and Section 27 of the Arms Act, the

         learned trial court has elaborately discussed the evidence on

         record and duly appreciated and evaluated the facts and

         circumstances of the case. It is contended that there is no

         reason to interfere with the judgment of conviction and the

         order of sentence passed by the learned trial court.

                              11.      The      question    which   arises     for

         consideration is:-

                                                       “Whether          the
                                  prosecution has been able to prove its
                                  case under Section 307 & 387 of the IPC
                                  and Section 27 of the Arms beyond
                                  reasonable doubts or not?


                              12. I have perused the impugned judgment,

         order of trial court and trial court records. I have given my

         thoughtful consideration to the rival contention made on

         behalf of the parties as noted above.
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                              13. It is necessary to evaluate, analyze and

         screen out the evidences of witnesses adduced before the trial

         court.

                              14. PW-4/ Sadhusharan Sharma is the

         informant of the case. He has clearly narrated the manner of

         occurrence, explaining how he sustained a firearm injury on

         the left thigh near the scrotum due to his refusal to pay the

         rangdari amount demanded by the appellant. He has also

         described the medical treatment he received at the hospital.

                              14.1. During cross-examination, the evidence

         of PW-4 is quite intact and there is nothing on record to

         disbelieve the prosecution version or to cast doubt on the

         statement of the injured victim. No material contradiction or

         infirmity has been elicited to disbelieve his evidence.

                              15. CW-1/ Sanjiv Kumar is the Investigating

         Officer of the case. He has deposed that on 21.04.2006 he

         reached Gogri Referral Hospital, where he recorded the

         fardbayan of PW-4 (informant). He proved the fardbayan,

         which was written by him and which bears the thumb

         impression of the informant, as well as the signature of Sujay

         Kumar Sharma (PW-1). The fardbayan was marked as

         Exhibit-1. He further stated that he inspected the place of
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         occurrence and found drops of blood there. He also recorded

         the statements of other witnesses. Though he has admitted

         that he has not examined the witnesses of boundary of place

         of occurrence but from the perusal of the evidence adduced by

         the I.O., it is crystal clear that he has proved the place of

         occurrence. Though his evidence indicated that investigation

         has not been conducted in a fair manner but he has proved the

         fact that fardbayan was read over to the informant and finding

         the same true the informant put his thumb impression on the

         fardbeyan and informant’s son also put his signature upon the

         fardbayan and the same has been marked as Exhibit-1. Hence,

         there is no reason to disbelieve the core aspects of prosecution

         story. However, some infirmities have been found with regard

         to the investigation, but the whole prosecution story cannot be

         thrown away just because of a faulty investigation.

                              16. It is necessary to cite a decision passed by

         Hon’ble Supreme Court in the case of Dhanaj Singh alias

         Shera and Ors. v. State of Punjab, reported in (2004) 3 SCC

         654, in which the Hon'ble Supreme Court has held in

         paragraphs 5 and 7 that:

                                                       “5. In the case of a
                                  defective investigation the court has to
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                                  be circumspect in evaluating the
                                  evidence. But it would not be right in
                                  acquitting an accused person solely on
                                  account of the defect; to do so would
                                  tantamount to playing into the hands of
                                  the     investigating      officer    if    the
                                  investigation is designedly defective.
                                                       7. As was observed in
                                  Ram Bihari Yadav v. State of Bihar if
                                  primacy is given to such designed or
                                  negligent investigation, to the omission
                                  or lapses by perfunctory investigation
                                  or omissions, the faith and confidence
                                  of the people would be shaken not only
                                  in the law-enforcing agency but also in
                                  the administration of justice. The view
                                  as again reiterated in Amar Singh v.
                                  Balwinder Singh. As noted in Amar
                                  Singh case it would have been certainly
                                  better if the firearms were sent to the
                                  Forensic          Test    Laboratory        for
                                  comparison. But the report of the
                                  ballistic expert would be in the nature
                                  of an expert opinion without any
                                  conclusiveness attached to it. When the
                                  direct testimony of the eyewitnesses
                                  corroborated by the medical evidence
                                  fully     establishes      the     prosecution
                                  version,      failure     or     omission   or
                                  negligence on the part of the IO cannot
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                                  affect the credibility of the prosecution
                                  version.”



                              17. CW-2 / Dr. Arvind Kr. Gupta has

         examined Sadhusharan Sharma (informant) on 21.04.2006 in

         injured condition at 6:45 A.M. and has found the following

         injuries:

                                      1. One lacerated injury 1/6” x 1/6” inner
                 side of upper part of left thigh just beside scrotum (wound
                 of exit).
                                      2. One lacerated injury 1/6” x 1/6” on
                 lateral side of left thigh in upper third with bleeding burning
                 effect below the wound (wound of entry). X-ray of thigh
                 advised. The patient was referred to Sadar Hospital,
                 Khagaria for further treatment.
                                      3. One lacerated injury of upper part of
                 right side of scrotum 1/2” x 1/6” skin deep. The nature of
                 injury opinion was reserved for report of X-ray and opinion
                 of Sadar Hospital, Khagaria. Injury caused by firearm, the
                 3rd injury was caused by firearm.


                              17.1. From perusal of evidence of doctor, it

         clearly indicates that there is an injury caused by firearm and

         doctor has given the opinion that due to excessive blood flow,

         the patient may die and from the perusal of the evidence of

         CW-2, it is crystal clear that the allegation, as alleged in the
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         FIR, is totally corroborated the injury to the left thigh near the

         scrotum by the firearm and there is no reason to disbelieve the

         version of CW-2.

                              18. PW-1 is merely a hearsay witness and not

         an eye-witness to the alleged occurrence. The remaining

         witnesses (PW-2 and PW-3) have been declared hostile;

         therefore, their evidence carries no evidentiary value.

                              19. To constitute an offence under Section 307

         of the IPC, the following ingredients of the offence must be

         present;

                              a. An intention or knowledge relating to

         commission of murder and

                              b. Doing of an act towards it.

                              For the purpose of Section 307 IPC, what is

         material is the intention or knowledge, and not the

         consequence of the actual act done for the purpose of carrying

         out the intention. The Section clearly contemplates an act

         which is done with the intention of causing death but which

         fails to bring intended consequence on account of intervening

         circumstances. The intention or knowledge of the cause must

         be such as necessary to constitute a murder. In absence of

         intention or knowledge which is a necessary ingredient of
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         Section 307 IPC, there can be no offence of attempt to

         murder.

                              20. Considering the aforementioned facts and

         circumstances, the following judicial decisions are pertinent

         to cite:-

                              In Takdir Samsuddin Sheikh v. State of

         Gujarat and another reported in AIR 2012 SC 37, the

         Hon'ble Supreme Court observed at para 10(ii) as follows:-

                                                       "10 (ii). This Court
                                  has consistently held that as a general
                                  rule the Court can and may act on the
                                  testimony of a single witness provided
                                  he is wholly reliable. There is no legal
                                  impediment in convicting a person on
                                  the sole testimony of a single witness.
                                  That is the logic of Section 134 of the
                                  Evidence Act, 1872. But if there are
                                  doubts about the testimony, the court
                                  will insist on corroboration. In fact, it
                                  is not the number, the quantity, but the
                                  quality that is material. The time-
                                  honoured principle is that evidence
                                  has to be weighed and not counted.
                                  The test is whether the evidence has a
                                  ring of truth, is cogent, credible and
                                  trustworthy or otherwise. The legal
                                  system has laid emphasis on value,
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                                  weight and quality of evidence rather
                                  than on quantity, multiplicity or
                                  plurality of witnesses. It is, therefore,
                                  open to a competent court to fully and
                                  completely rely on a solitary witness
                                  and record conviction. Conversely, it
                                  may acquit the accused in spite of
                                  testimony of several witnesses if it is
                                  not satisfied about the quality of
                                  evidence."



                              In Brahm Swaroop and another v. State of

         U.P., reported in AIR 2011 SC 280, the Hon'ble Supreme

         Court at para 22 of the judgment held as follows:

                                                       "22. Where a witness
                                  to the occurrence has himself been
                                  injured in the incident, the testimony of
                                  such a witness is generally considered
                                  to be very reliable, as he is a witness
                                  that comes with a built-in guarantee of
                                  his presence at the scene of the crime
                                  and is unlikely to spare his actual
                                  assailant(s)       in     order    to   falsely
                                  implicate         someone.        "Convincing
                                  evidence is required to discredit an
                                  injured witness."



                              In Ranjit Singh and others v. State of
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         Madhya Pradesh, reported in AIR 2011 SC 255, the Hon'ble

         Supreme court at para 17 of the judgment held as follows:-

                                                       "17. Under the Indian
                                  Evidence Act, trustworthy evidence
                                  given by a single witness would be
                                  enough to convict an accused person,
                                  whereas evidence given by half a
                                  dozen       witnesses         which   is   not
                                  trustworthy would not be enough to
                                  sustain the conviction."



                              In Mano Dutt and another v. State of Uttar

         Pradesh, reported in (2012) 4 SCC 79, the Hon'ble Supreme

         Court at para 30 of the judgment observed as follows:-

                                                       "30...    Normally,   an
                                  injured witness would enjoy greater
                                  credibility because he is the sufferer
                                  himself and thus, there will be no
                                  occasion for such a person to state an
                                  incorrect version of the occurrence, or
                                  to involve anybody falsely and in the
                                  bargain, protect the real culprit."



                              In State of U.P. v. Kishan Chand and others

         reported in (2004) 7 SCC 629, a similar view has been

         reiterated observing that the testimony of a stamped witness
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         has its own relevance and efficacy. The fact that the witness

         sustained injuries at the time and place of occurrence lends

         support to his testimony that he was present during the

         occurrence.

                              In State of Madhya Pradesh v. Imrat and

         another reported in (2009) 2 SCC (Cri) 558, the Hon'ble

         Supreme Court at para 11 of the judgment observed as

         follows:-

                                                       "11. What the Court
                                  has to see is whether the act,
                                  irrespective of its result, was done with
                                  the intention or knowledge and under
                                  circumstances             mentioned   in   the
                                  section. An attempt in order to be
                                  criminal need not be the penultimate
                                  act. It is sufficient in law, if there is
                                  present an intent coupled with some
                                  overt act in execution thereof."



                              In Lachman Singh v. State of Haryana

         reported in (2006) 10 SCC 524, the Hon'ble Supreme Court at

         para 13 of the judgment observed as follows:-

                                                       "13. It is sufficient to
                                  justify a conviction under Section 307
                                  if there is present an intent coupled
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                                  with some overt act in execution
                                  thereof. It is not essential that bodily
                                  injury capable of causing death should
                                  have been inflicted. Although the
                                  nature of injury actually caused may
                                  often give considerable assistance in
                                  coming to a finding as to the intention
                                  of the accused, such intention may
                                  also      be      deduced    from    other
                                  circumstances, and may even, in some
                                  cases, be ascertained without any
                                  reference at all to actual wounds. The
                                  section makes a distinction between
                                  the act of the accused and its result, if
                                  any. The Court has to see whether the
                                  act, irrespective of its result, was done
                                  with the intention or knowledge and
                                  under the circumstances mentioned in
                                  the section. An attempt in order to be
                                  criminal need not be the penultimate
                                  act. It is sufficient in law, if there is
                                  present an intent coupled with some
                                  overt act in execution thereof."



                              In Sadakat Kotwar and another v. The State

         of Jharkhand passed in Criminal Appeal No. 1316 of 2021,

         the Hon'ble Supreme Court held at para 4.1 as follows:-

                                                       "4.1. As observed and
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                                  held by this Court in catena of
                                  decisions nobody can enter into the
                                  mind of the accused and his intention
                                  has to be ascertained from the weapon
                                  used, part of the body chosen for
                                  assault and the nature of the injury
                                  caused. Considering the case on hand
                                  on the aforesaid principles, when the
                                  deadly weapon-dagger has been used,
                                  there was a stab injury on the stomach
                                  and near the chest which can be said
                                  to be on the vital part of the body and
                                  the nature of injuries caused, it is
                                  rightly held that the appellants have
                                  committed the offence under Section
                                  307 IPC.



                              21. In the light of the aforesaid facts and

         circumstances of the case where witness to the occurrence has

         himself been injured in the incident, the testimony of such a

         witness is generally considered to be very reliable, as he is a

         witness that comes with a built-in guarantee of his presence at

         the scene of the crime and is unlikely to spare his actual

         assailant(s) in order to falsely implicate someone. Convincing

         evidence is required to discredit an injured witness. In the

         present case there was nothing on record to disbelieve the
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         statement of victim. In the present case, the statement of

         victim that victim was being threatened for giving the

         rangdari amount and when the same was not given by the

         victim on account of such defiance he was being fired upon

         by the appellant and he sustained injury to the left thigh near

         the scrotum.

                              22. In the present case, the prosecution story,

         as narrated by PW-4, is in complete consonance with the

         evidence adduced during the course of trial. No material

         contradiction has been elicited during cross-examination so as

         to discredit the prosecution case. PW-1 has supported and

         corroborated the initial version of the prosecution story. There

         is nothing on record to disbelieve the testimony of PW-4.

         CW-2, the doctor is an expert witness who examined the

         injured/victim and analysed the injury sustained by the victim.

         The examination by the doctor clearly indicates that the place

         of injury, as alleged in the F.I.R., is in consonance with the

         injury shown in the injury report. The injury report clearly

         indicates that it is a firearm injury. Although the nature of the

         injury has not been specifically mentioned, but from the

         perusal of the medical evidence, it is crystal clear that the

         place of injury is clearly identified and that it is a firearm
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         injury and the doctor has clarified that in case of excessive

         bleeding, such injury may cause death to the patient who

         suffered the said injury. The victim, being a man of common

         prudence the prosecution-case, as stated in the initial version

         of the prosecution story, is fully supported by the doctor in his

         evidence. CW-1, the Investigating Officer of the case, took up

         the investigation, visited the place of occurrence, recorded the

         statement of the informant, found the occurrence to be true

         and thereafter submitted the charge-sheet. In this way, the

         evidence of the Investigating Officer does not, in any way,

         derogation from the evidence of prosecution witnesses,

         particularly PW-4 (informant). The statement of PW-4 as well

         as the statements of the doctor and the Investigating Officer,

         remain consistent throughout cross-examination and there is

         no reason to disbelieve the statement of prosecution witnesses

         merely because some other witnesses have not supported the

         prosecution case.

                              23. PW-4 (the informant) as well as the victim

         has clearly supported the initial version of the prosecution

         story on the core aspects of the offence as alleged in the light

         of Sections 307 and 387 of the IPC and Section 27 of the

         Arms Act, and there is no reason to disbelieve the version of
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         the victim, whose presence at the scene of the crime cannot be

         doubted. It is also natural that he will not spare his actual

         assailant. The statement of CW-2 (the doctor) has clearly

         supported the allegation of injury on the left thigh near the

         scrotum, and the injury is a firearm injury. The doctor has also

         stated that in case of excessive bleeding, such an injury could

         cause the death of the patient who suffered the said injury, and

         the informant is corroborated by the injury report given by the

         doctor. The statement of CW-1 (Investigating Officer) has

         supported and corroborated the specific place of occurrence.

         He has also supported and corroborated the story of

         prosecution regarding place of occurrence. He has pointed out

         the place of occurrence and his statement is quite

         corroborative with the statement of story of prosecution and

         his statement is also supported the story of prosecution

         particularly regarding place of occurrence.

                              24. It is quite evident that appellant is the sole

         person for making firing upon the informant causing injury on

         his left thigh near the scrotum in order to extort money of Rs.

         1,50,000/- and in that course he put the informant in fear of

         serious injury for the offences under Section 307 and 387 of

         the IPC. Since the appellant has inflicted the injury by firearm
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         having pistol in his hand and he was being responsible for

         committing the offence under Section 27 of the Arms Act, I

         find no reason to differ with the findings given by the learned

         trial court on the point of Sections 307 and 387 of the IPC and

         27 of the Arms Act and submission advanced on behalf of

         learned A.P.P. is quite tenable in the light of said offences and

         hence, in my view, judgment of conviction on the point of

         Sections 307 and 387 of the IPC and Section 27 of the Arms

         Act requires no interference.

                              25. However, on the point of sentence under

         Sections 307 and 387 of the IPC and Section 27 of the Arms

         Act, learned counsel for the appellant submits that the

         appellant has already suffered 5 years and 13 days in the

         custody,the occurrence took place in the year 2006 and he has

         already suffered near about 20 years in litigation and he has

         sufficiently been punished and the appellant is having no

         criminal antecedent. The Court is of the view that if sentence

         of the appellant is reduced to the period already undergone,

         that would meet the ends of justice. Accordingly, the sentence

         of the appellant is reduced to the period already undergone.

                              26. With the aforesaid modification in the

         sentence, the instant appeal stands dismissed.
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                                           27. The interlocutory application, if any, also

                      stands disposed of.

                                           28. Let a copy of this judgment be transmitted

                      to the Superintendent of the concerned jail for compliance and

                      for record.

                                           29. The records of this case be also returned to

                      the concerned trial court forthwith.


                                               (Alok Kumar Pandey, J)



Nilmani/-
AFR/NAFR                AFR
CAV DATE                N.A.
Uploading Date          23.01.2026
Transmission Date       23.01.2026


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