The prosecution failed to prove the charges of attempted murder and grievous hurt due to lack of evidence regarding intent and the nature of injuries.

JUDGMENT :

(Sunil Kumar Panwar, J.)

Heard Mr. Vipul Sinha, learned Amicus Curiae for the appellants and Mrs. Anita Kumari Singh, learned A.P.P for the State.

2. The present appeal has been filed against the judgment of conviction dated 28.12.2005 and order of sentence dated 29.12.2005 passed by learned Additional District Judge, Fast Track court no. III, Gopalganj in connection with Sessions Trial No. 280 of 1997, arising out of Mirganj P.S. Case No. 230 of 1994 registered under Sections 147/ 148/ 323/ 324/ 325/326/307/149/427 and 447 of the Indian Penal Code and while awarding the sentence, learned Trial Court directed all the appellants to undergo rigorous imprisonment for Seven years for the offence punishable under Sections 307/149 I.P.C and to pay a fine of Rs. 2000/-each and in default of payment of fine, they were directed to undergo simple imprisonment for six months. The learned Trial Court further sentenced all the appellants to undergo rigorous imprisonment for six months for committing the offence under Section 323 of the I.P.C. The accused appellants were further sentenced to undergo rigorous imprisonment for one year for committing the offence under Section 147 I.P.C. They were also sentenced to undergo rigorous imprisonment for one month for committing the offence under Section 447 of the I.P.C. The learned Trial Court further sentenced the appellants Lallan Chaudhary, Baban Chaudhary and Oversheer Chaudhary to undergo rigorous imprisonment for one year and six months for committing the offence under Section 148 I.P.C and further appellants Lalan Chaudhary, Baban Chaudhary and Oversheer Chaudhary were sentenced to undergo rigorous imprisonment for one year and six months for committing the offence under Section 324 I.P.C and further appellants Lalan Chaudhary, Baban Chaudhary and Oversheer Chaudhary were sentenced to undergo rigorous imprisonment for three years and six months for committing the offence under Section 325 I.P.C and to pay a fine of Rs. 1000/-and in default of payment of fine, they were sentenced to undergo simple imprisonment for three months. The learned Trial Court further sentenced appellants Lalan Chaudhary, Baban Chaudhary and Oversheer Chaudhary to undergo rigorous imprisonment for five years for committing the offence under Section 326 I.P.C and to pay a fine of Rs. 1000/-each and in default of payment of fine, they were sentenced to undergo simple imprisonment for six months. The appellants Baban Chaudhary, Oversheer Chaudhary and Ramjit Chaudhary were further sentenced to undergo rigorous imprisonment for one year for committing the offence under Section 427 of the I.P.C. All the sentences were directed to run concurrently.

3. The prosecution case in short, is that, on 30.10.1994 at about 3:00 P.M. in the noon, the informant Madan Mohan Singh (P.W-4) went to see his field in which sugar-cane was grown. It is alleged that all the accused persons were present in the said field of the informant (P.W. 4) armed with deadly weapons and out of them appellants Baban Chaudhary, Overseer Chaudhary and Ramjit Chaudhary were cutting sugar cane for feeding the cattle. It is further alleged that when the informant told the accused persons not to do so, upon which the appellants became angry and appellants Hira Lal Chaudhary and Babu Lal Chaudhary asked his companion to kill the informant. It is further alleged that thereafter, appellants Ramjit Chaudhary caught hold the informant and other accused persons/appellants namely, Lallan Chaudhary, Baban Chaudhary and Overseer Chaudhary assaulted the informant by means of Lathi,Farsa, and Daband due to which the informant suffered injuries on his head and both of his hands and feet. It is further alleged that when the informant raised alarm, the witnesses Narad Pandey (P.W.1) Ramashish Baitha (P.W. 2) and other witnesses who were working in their respective fields came there and carried the informant to the Government Hospital where he was given treatment.

4.