[Cites 7, Cited by 0]
Patna High Court
Raj Deo Das vs The State Of Bihar on 9 February, 2026
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.622 of 2023
Arising Out of PS. Case No.-24 Year-2016 Thana- SURSAND District- Sitamarhi
======================================================
Janki Das @ Jangali @ Jangali Das Son Of Bhola Das R/O Village- Radhaur,
P.S.- Sursand, District- Sitamarhi
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 516 of 2023
Arising Out of PS. Case No.-24 Year-2016 Thana- SURSAND District- Sitamarhi
======================================================
1. Rakesh Das Son Of Buddhu Das Resident Of Village - Radhaur, P.S.-
Sursand, District - Sitamarhi.
2. Fekhu Das @ Fekan Das Son Of Buddhu Das Resident Of Village -
Radhaur, P.S.- Sursand, District - Sitamarhi.
3. Pankaj Das Son Of Buddhu Das Resident Of Village - Radhaur, P.S.-
Sursand, District - Sitamarhi.
4. Buddhu Das Son Of Bhola Das Resident Of Village - Radhaur, P.S.-
Sursand, District - Sitamarhi.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 656 of 2023
Arising Out of PS. Case No.-24 Year-2016 Thana- SURSAND District- Sitamarhi
======================================================
Raj Deo Das Son Of Ram Briksh Das R/O Village- Radhaur, P.S.- Sursand,
District- Sitamarhi
... ... Appellant/s
Versus
Patna High Court CR. APP (SJ) No.622 of 2023 dt.09-02-2026
2/8
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 622 of 2023)
For the Appellant/s : Mr. Radheshyam Sharma, Advocate
Mrs. Smiti Bharti, Advocate
For the State : Mr. Anand Mohan Prasad Mehta, APP
(In CRIMINAL APPEAL (SJ) No. 516 of 2023)
For the Appellant/s : Mr. Radheshyam Sharma, Advocate
Mrs. Smiti Bharti, Advocate
For the State : Mr. Mukeshwar Dayal, APP
(In CRIMINAL APPEAL (SJ) No. 656 of 2023)
For the Appellant/s : Mr. Radheshyam Sharma, Advocate
Mrs. Smiti Bharti, Advocate
For the State : Mrs. Abha Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
Date : 09-02-2026
All three appeals are taken up together as they arise
out of the same trial bearing Sessions Trial No. 533 of 2017,
arising out of Sursand P.S. Case No. 24 of 2016.
2. The prosecution case, as emerging from the FIR, is
that altercation took place on account of property dispute in
which the appellants and other five co-accused, who were later
on found innocent by the police and not sent up for trial,
assaulted the informant and his wife and son by baans, balla
and danda (which are made of bamboos). Subsequently, the
informant was taken to local Primary Health Centre and
thereafter, he was referred to Sadar Hospital, Sitamarhi and died
after few days.
Patna High Court CR. APP (SJ) No.622 of 2023 dt.09-02-2026
3. During trial, the charge was framed under Sections
341, 323, 504 and 304 read with Section 34 of the Indian Penal
Code against all the appellants and after trial, all the appellants
were found guilty under Sections 341, 323, 304 Part II and 504
read with Section 34 of the Indian Penal Code and they have
been sentenced to R.I. for one month under Section 341 IPC,
R.I. for one year under Section 323 IPC, R.I. for ten years and
fine of Rs. 10,000/- under Section 304 Part II IPC and R.I. for
two years under Section 504 IPC. All the sentences are directed
by learned Trial Court to run concurrently and fine was directed
to be realized in favour of the victim. Learned Trial Court has
also directed D.L.S.A., Sitamarhi to pay compensation to the
victim as per Section 357A Cr.PC.
4. During trial, altogether 14 witnesses were examined
who are as follows : (i) P.W.-1, Lakhindra Ram, (ii) P.W.-2,
Jivachi Devi, (iii) P.W.-3, Rinku Devi, (iv) P.W.-4, Sabindra
Das, (v) P.W.-5, Asiya Devi, (vi), P.W.-6, Nandan Mahto, (vii)
P.W.-7, Kiran Das, (viii) P.W.-8, Navin Sahani, (ix) P.W.-9,
Tapsi Das, (x) P.W.-10, Dr. R.P. Sahai, (xi) P.W.-11, Gariman
Yadav, (xii), P.W.-12, Awadesh Pathak, (xiii) P.W.-13, Dr. Anil
Shandil and (xiv) P.W.-14, Dr. Sakil Anjum.
5. The following documents were also exhibited
Patna High Court CR. APP (SJ) No.622 of 2023 dt.09-02-2026
during trial : (i) P1 - Injury report of Gudari Das, (ii) P2 -
Charge Sheet No. 149 of 2016, (iii) P2/1 - Charge Sheet No.
116 of 2016, (iv) P3 - Postmortem Report and (v) P4 - Injury
report of Gudari Das proved by Dr. Sakil Anjum.
6. Heard learned counsel for the appellants and
learned APP for the State.
7. Learned counsel for the appellants submits that the
manner of the occurrence clearly shows that there was never
intention by the appellants to cause death. The appellants have
allegedly used baans, balla and danda, which are not dangerous
arms. Secondly, as per allegation, altercation took place in
course of property dispute and occurrence has occurred during
the spur of the moment and there is no deliberation or intention
on the part of the appellants to cause death.
8. He further submits that as per the injury report, as
emerging from the postmortem report, there was only simple
injury on knee and hand and there was no grievous injury, nor
any fatal injury caused by the appellants even as per the best
case of the prosecution. The following injury was found on the
person of the victim : Swelling on the left knee, measuring 1" x
1", swelling with abrasion of left hand ¼" x ¼" incise. Both
injury are simple in nature caused by hard and blunt substance.
Patna High Court CR. APP (SJ) No.622 of 2023 dt.09-02-2026
There was also complaint of pain in abdomen and hence, the
victim was referred to Sadar Hospital for further investigation
where he died. As per the postmortem report, cause of death has
been described as abdominal injury. It is also mentioned in the
postmortem report that there was surgical mid line laparotomy
wound of length 14 cm, location at 10 cm below, Xiphoid
process and 9 cm above pubic symphysis with supra cubic
colostomy back an drench tube in left side mid abdomen lumbar
region. On exploration there was pus in abdominal cavity with
adhesion of intestine and me sentry and abdominal viscera
which was pale and full of pus. There was surgical repair of
intestine visualized at one place and no other repair was
visualized due to adhesion and pus.
9. Learned counsel for the appellants further submits
that there is nothing on record to show that the surgery done in
the stomach was subsequent to the altercation. The postmortem
report suggests that this surgery was done much prior to the
occurrence and finding of the postmortem report shows that the
victim had septicemia out of that surgery and hence, the alleged
occurrence has nothing to do with the death of the informant.
10. As per the material on record, the best case of the
prosecution is that the appellants have caused simple injury on
Patna High Court CR. APP (SJ) No.622 of 2023 dt.09-02-2026
knee and hand of the victim as per which maximum liability of
the appellants is under Section 323 IPC and they have been
already in custody for more than three years since 18.11.2022
and even prior to the judgment of conviction, they had spent six
months in jail. Hence, even after conviction of the appellants
under Section 323 IPC, they are required to be set at liberty. He
also submits that for the injury caused, D.L.S.A., Sitamarhi is
already directed to pay compensation as per Section 357A Cr.PC
and the appellants belong to SC/ST community and they are too
poor to pay any fine and they have already spent in custody for
more than what is required under Section 323 IPC. Hence, the
fine is also be liable to be set aside.
11. Learned APP for the State fairly accepts that there
is nothing on record to show that the surgery, which has been
found in the postmortem report, has been done subsequent to the
occurrence and he also accepts that as per the apparent injury, as
caused by the appellants, is simple in nature which was caused
by hard and blunt substance as per the postmortem report. As
such, the appellants are liable to be convicted for the injury
caused by them. However, he submits that there is no illegality
or infirmity in the impugned judgment and the appeal is liable to
be dismissed.
Patna High Court CR. APP (SJ) No.622 of 2023 dt.09-02-2026
12. I considered the submissions advanced by both the
parties and perused the material on record.
13. I find that as per the postmortem report, there is
simple injury on the knee and hand of the informant caused by
hard and blunt substance which is found to be simple in nature. I
also find that there is no proof that the surgery was done
subsequent to the occurrence. Hence, the surgery has nothing to
do with the alleged occurrence and the manner of causing
assault also shows that there was no intention on the part of the
appellants to cause death. They have used baans, balla and
danda which are made of bamboos and they are not dangerous
arms.
14. I also find that the prosecution has not proved the
connection between the injury caused by the appellants and the
death of the victim. In such situation, benefit of doubt must go
to the accused for want of sufficient evidence to show that the
victim has died of the injury caused by the appellants. As such,
for the simple injury caused by the appellants, the appellants are
liable to be punished under Section 323 IPC. Hence, the
appellants are found to be guilty under Section 323 IPC, but
they have already spent more than 3 years and maximum
punishment for the offence under Section 323 is one year.
Patna High Court CR. APP (SJ) No.622 of 2023 dt.09-02-2026
15. Hence, the present appeal is allowed in part
convicting the appellants under Section 323 IPC, but acquitting
them of all other charges.
16. In view of the maximum punishment under
Section 323 IPC being one year and the appellants being already
in custody for more than three years, the appellants are directed
to be set at liberty forthwith and order of fine is also set aside.
D.L.S.A., Sitamarhi is also directed to ensure that the victim or
his legal heirs get compensation as per law and if it not paid, it
must be paid within one month.
(Jitendra Kumar, J)
Shoaib/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 13.02.2026.
Transmission Date 13.02.2026.
