Case Background
The case arose from Krityanand Nagar Police Station Case No. 455 of 2012 in District Purnea. The incident led to a sessions trial, registered as Sessions Trial No. 549 of 2014.
In that trial, four private respondents were charged with several offences under the Indian Penal Code. These included wrongful restraint under Section 341, criminal trespass under Section 447, causing hurt by dangerous weapons under Section 324, and attempt to murder under Section 307.
After evaluating the evidence, the trial court acquitted the four respondents from the graver charges under Sections 341, 447, 324 and 307 of the IPC. However, the court found that an offence under Section 323 of the IPC, which deals with voluntarily causing hurt, was proved.
For this lesser offence, the trial court convicted the respondents but extended to them the benefit of Section 3 of the Probation of Offenders Act. They were released on probation instead of being sent to jail.
The informant of the case, who was dissatisfied with this outcome, filed a criminal appeal (DB) before the Patna High Court. He challenged the judgment dated 27.11.2018 passed in Sessions Trial No. 549 of 2014, seeking conviction of the respondents under Section 307 of the IPC.
What the Court Examined and Decided
The criminal appeal came up before a Division Bench of the Patna High Court, comprising Hon’ble Mr. Justice Hemant Kumar Srivastava and Hon’ble Mr. Justice Partha Sarthy. The Bench heard the learned counsel for the appellant as well as the learned Additional Public Prosecutor for the State on the point of admission.
At the very outset, the Bench considered whether the matter required a full, detailed hearing or could be decided at the admission stage itself. On going through the record and the impugned judgment, the Court formed the opinion that the appeal did not raise any substantial question justifying further proceedings. Therefore, the Bench proceeded to dispose of the appeal at the admission stage.
The grievance of the appellant was focused and specific. He contended that there was sufficient material on record to prove the charge of attempt to murder under Section 307 of the IPC against the four private respondents. According to him, in spite of this material, the trial court wrongly acquitted the respondents from that charge and convicted them only for simple hurt under Section 323 of the IPC.
The Division Bench examined the reasoning adopted by the trial court. The prosecution case, as noted by the High Court, was that the alleged assault was carried out using a ‘Dabia’ and a ‘dagger’. These are sharp cutting or stabbing weapons. If such weapons were actually used in the manner alleged, one would normally expect corresponding sharp-cut or stab injuries on the victim’s body.
However, the medical evidence in the case did not support this claim. The doctor who examined the injured person did not find any sharp-cut injury on his body. Instead, the medical report showed that all the injuries were simple in nature and caused by a hard and blunt substance.
This medical finding created a clear mismatch between the prosecution story and the objective evidence. On the one hand, the oral testimony spoke of use of sharp weapons like a ‘Dabia’ and ‘dagger’. On the other hand, the medical expert found only simple, blunt injuries. The trial court took serious note of this inconsistency.
In criminal cases, especially those involving serious charges like attempt to murder, courts rely heavily on medical evidence. Where there is a direct conflict between the nature of weapons allegedly used and the injuries actually found, the court is cautious in accepting the more serious allegations without strong corroboration.
Taking these facts into account, the trial court concluded that the prosecution had failed to prove its allegation of attempt to murder beyond reasonable doubt. The absence of sharp-cut or grievous injuries was considered inconsistent with an intention to kill using sharp weapons. Therefore, the trial court refused to convict the respondents under Section 307 of the IPC.
At the same time, the injuries were not denied altogether. The presence of simple injuries caused by a hard and blunt substance supported the conclusion that an assault did take place. For this reason, the trial court convicted the respondents under Section 323 of the IPC for voluntarily causing hurt.
While deciding the appeal, the Division Bench of the Patna High Court carefully perused the impugned judgment and the material referred to therein. The Bench recorded that they found no illegality, irregularity or impropriety in the trial court’s decision.
The High Court noted, in particular, that the medical evidence clearly contradicted the prosecution’s version regarding use of sharp weapons. The doctor’s findings that the injuries were simple and caused by a hard and blunt substance were crucial. These facts justified the trial court’s refusal to convict the respondents under Section 307.
On this basis, the High Court held that the reasoning of the trial court was sound and supported by the evidence. The Court described itself as being of the considered view that there was no ground to interfere with the findings recorded by the trial court.
Since the main challenge in the appeal was only to the acquittal under Section 307 IPC, and that challenge failed, nothing else survived for consideration. The Bench therefore dismissed the criminal appeal at the admission stage itself.
The result is that the respondents remain convicted only under Section 323 of the IPC and continue to enjoy the benefit of probation under Section 3 of the Probation of Offenders Act, as granted by the trial court. No enhancement of charge or sentence has been ordered by the High Court.
Why This Judgment Matters
This judgment is important for people involved in criminal cases where serious charges like attempt to murder are added to an FIR, but the injuries turn out to be simple.
The Patna High Court has made it clear that for sustaining a charge of attempt to murder, the overall evidence must support that allegation. If the medical evidence shows only simple, blunt injuries, courts may treat the case as one of hurt rather than attempt to murder, unless there is very strong proof to the contrary.
The decision also shows that an appellate court will normally not interfere with a trial court’s finding of fact when that finding is based on proper appreciation of evidence, especially expert medical evidence. Simply feeling that the case is serious is not enough; the record must clearly show the ingredients of the graver offence.
For accused persons, the case highlights that where the prosecution version about weapons and injuries does not match the medical report, it can weaken the allegation of higher offences. For complainants and witnesses, it underlines the need to ensure that their statements stay consistent with medical and other objective evidence.
Legal Issues and Answers
- Issue: Whether the trial court was wrong in acquitting the respondents from the charge of attempt to murder under Section 307 of the IPC and convicting them only under Section 323 of the IPC while granting probation.
Answer: The Patna High Court held that the trial court’s decision was correct. The medical evidence showed only simple injuries caused by a hard and blunt substance, with no sharp-cut injuries, which did not support the prosecution claim of attack with a ‘Dabia’ and ‘dagger’ or the graver charge under Section 307 IPC.
Cases Cited by the Court
- No previous judgments or case law have been cited or relied upon in the text of this judgment.
Case Details
Case Number: Criminal Appeal (DB) No. 185 of 2019, arising out of P.S. Case No. 455 of 2012, Krityanand Nagar, District Purnea; Sessions Trial No. 549 of 2014
Case Title: Sawan Kumar Chowdhary v. The State of Bihar & Ors.
Coram: Hon’ble Mr. Justice Hemant Kumar Srivastava; Hon’ble Mr. Justice Partha Sarthy
Citation: 2019(3) PLJR 116
Advocates: Mr. Vikram Singh for the appellant; Mr. Ashwani Kumar Sinha for the respondents; learned Additional Public Prosecutor for the State
Nature of the Case: Criminal appeal (Division Bench) challenging the judgment of the Sessions Court acquitting the respondents from charges under Sections 341, 447, 324, 307 IPC and convicting them under Section 323 IPC with benefit of probation
Date of Patna High Court Judgment: 23.04.2019
Link to the Judgment: https://patnahighcourt.gov.in/viewjudgment/NSMxODUjMjAxOSMxI04=-ZlFVqPfdBqI=
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