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Patna High Court

RAMESHWAR CHOUDHARY and ORSversusSTATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The court upheld the convictions of the first two appellants under IPC section 326/34, acquitted the third appellant of the IPC section 307/34 charge, and reduced the sentence of the first two to the period already served.

Summary

The appellants Suresh, Heera and Sevalal Choudhary were convicted for assaulting Yogeshwar Dhanuk with a fasuli, resulting in multiple injuries, under IPC sections 326 and 307/34. The prosecution relied on six eye‑witnesses, an injured witness, a medical doctor’s report and the investigating officer’s statements. The defence argued that the witnesses were related, that key forensic evidence was missing and that there was no intention to kill, contending that the charge under section 307 should be set aside and the conviction under section 326 reduced to section 325. The High Court held that the eye‑witness and especially the injured witness’s testimony, corroborated by medical evidence, was reliable and that the prosecution proved the case beyond reasonable doubt for the assault under section 326, but found no evidence of intent to kill, thus overturning the conviction under section 307/34. Consequently, the court upheld the convictions of Suresh and Heera under section 326/34, reduced their sentence to the period already served, and acquitted Sevalal of the section 307 charge, ordering the release of all three appellants.

Issues considered

  • Whether the prosecution proved the charge of voluntarily causing grievous hurt under IPC section 326 beyond reasonable doubt.
  • Whether the prosecution proved the charge of attempt to murder under IPC section 307/34 beyond reasonable doubt, particularly the element of intent to kill.
  • Whether the convictions under section 307/34 should be set aside.
  • Whether the conviction under section 326 can be substituted with section 325.
  • Whether the sentence imposed should be reduced in view of mitigating circumstances.

Legislation cited

Subjects

  • assault
  • grievous hurt
  • attempt to murder
  • intent to kill
  • injured witness
  • eye‑witness
  • conviction
  • sentence reduction
  • criminal appeal
  • IPC sections 326
  • IPC sections 307

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.309 of 2004
======================================================
1. Suresh Choudhary.
2. Heera Choudhary.
3. Sevalal Choudhary @ Subelal Choudhary
all are sons of Late Rameshwar Choudhary, R/o Village- Gaurakshni,
Warisaliganj, P.S.- Warisaliganj, District- Nawada.

                                                        ... ... Appellants
                               Versus
State of Bihar

                                           ... ... Respondent
======================================================
Appearance :
For the Appellant/s    :   Mr. Pramod Kumar Sinha, Advocate
For the Respondent/s   :   Ms. Anita Kumari Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                ORAL JUDGMENT
 Date : 31-01-2026


            Heard Mr. Pramod Kumar Sinha, learned counsel for the

appellants and Mrs. Anita Kumari Singh, learned APP for the

State.

            2. The present criminal appeal has been preferred

against the judgment of conviction and order of sentence dated

19.03.2004 passed by learned Additional District and Sessions

Judge (Fast Track Court-III), Nawada in Sessions Trial No.173 of

1995/147 of 2004, (arising out of Warisaliganj P.S. Case No.32 of

1995) whereby and whereunder appellants no.1 and 2, namely

Suresh Choudhary and Heera Choudhary have been convicted

under Sections 326 and 307/34 of the Indian Penal Code

(hereinafter referred to as ‘the I.P.C.’), while appellant no.3,
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       namely Sevalal Choudhary @ Subelal Choudhary along with Late

       Rameshwar Choudhary (against whom the appeal has abated), has

       been convicted under Section 307/34 of the I.P.C., however, all of

       them have been sentenced to rigorous imprisonment for seven

       years.

                     3. The case of the prosecution, based upon the

       fardbeyan of the informant, Kapil Prasad Sardar recorded on

       07.05.1995 at 4:00 p.m., is that on the same day at around 2:30

       p.m., he was going along with his brother-in-law, namely

       Yogeshwar Dhanuk towards the toddy shop of accused Rameshwar

       Choudhary where the said Rameshwar Choudhary along with his

       three sons, namely Suresh Choudhary, Heera Choudhary and

       Sevalal Choudhary were also present, while one Gokhul Mahto

       was also present along with the informant. It has been alleged that

       the money due on account of milk was demanded by his brother-

       in-law from Rameshwar Choudhary, on account of which the

       parties entered into some verbal altercation whereafter, the

       brother-in-law of the informant was caught hold of and the

       informant tried to intervene in the matter. It has, however, been

       stated that on the order of Rameshwar Choudhary, Suresh

       Choudhary and Heera Choudhary inflicted a Hausli (Pasuli) blow

       on head, neck, ear, hands and arm of the brother-in-law,
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       Yogeshwar Dhanuk causing him injuries. Rameshwar Choudhary

       and Sevalal Choudhary have been alleged to have caught hold of

       informant’s brother-in-law and local people of the vicinity

       assembled at the place of occurrence subsequently, whereafter

       accused persons fled away. Informant has stated that since the

       injured was unconscious, the statement was being given by him.

                     4. Based on the said fardbeyan, Warisaliganj P.S. Case

       No.32 of 1995 was instituted and upon completion of

       investigation, the police submitted charge-sheet on 30.06.1995 ,

       finding the case true against the accused persons including the

       present appellants under Sections 341, 324, 326, 307 and 34 of the

       I.P.C., whereafter the learned Magistrate took cognizance of the

       offence and committed the case to the Court of sessions. The

       present case, upon being committed, was numbered as Sessions

       Trial No.173 of 1995/147 of 2004 and charges were framed on

       08.04.1996 under Sections 326 and 307/34 of the I.P.C. to which

       they pleaded not guilty and claimed to be tried.

                     5. In order to substantiate its case, the prosecution has

       examined altogether six witnesses out of whom, PW-1, Balmiki

       Raut happens to be the nephew of the informant and claims to be

       an eye-witness, PW-2, Yogeshwar Dhanuk, an injured eye-witness

       also the brother-in-law of the informant, PW-3, Dr. Rajendra
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       Prasad Mishra, the Doctor who examined the injuries of the

       injured, PW-4, Bhola Raut, who also claims to be an eye-witness,

       PW-5, Kapil Prasad Sardar, who is the informant himself and also

       an eye-witness to the occurrence and PW-6, Mahadev Murmu,

       who is the Investigating Officer of the case.

                     6. Two witness have also been examined by the defence,

       DW-1, Gokhul Mahto and DW-2, Ramswaroop Yadav.

                     7. The statement of the accused persons was also

       recorded under Section 313 of the Cr.P.C. and the case of the

       defence is complete denial of the occurrence, claiming themselves

       to be innocent.

                     8. The learned Trial Judge upon appreciation, analysis

       and scrutiny of the evidence adduced during the trial has found the

       appellants guilty of the offence and sentenced them to

       imprisonment by impugned judgment and order.

                     9. I have heard the arguments of the learned counsel for

       the appellants and learned APP for the State.

                     10. Mr. Pramod Kumar Sinha, learned counsel for the

       appellants has contended that the prosecution case suffers from

       several infirmities and as such, the conviction of the appellants is

       not fit to be sustained. It has been submitted by him that all the

       witnesses examined by the prosecution are related and interested
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       witnesses and not a single independent witness has been examined

       by the prosecution although the occurrence is said to have taken

       place in broad daylight and it is also the case of the prosecution in

       the F.I.R. itself that a number of villagers had assembled at the

       place of occurrence. Further submission on behalf of the appellants

       is that the witnesses are not truthful and believable inasmuch as,

       PW-1, Balmiki Raut has himself stated in his evidence that he

       reached the place of occurrence ten minutes after the incident and

       at that time the assault was going on which is contrary to the

       evidence of PW-2, who is the injured witness, who has rather

       stated that the entire act of assault occurred within a minute, as

       such, the evidence of PW-1 as an eye-witness appears to be

       doubtful. The learned counsel has submitted that there are several

       loopholes in the case of the prosecution and the investigation has

       also been conducted in a perfunctory and shoddy manner

       inasmuch as, neither the blood nor blood-stained cloth was

       recovered from the place of occurrence, nor produced for

       examination. Further, the assault weapon Fausli (Pasuli) is also not

       said to have been recovered, either from physical possession of the

       appellants or from their house, which is said to be the place of

       occurrence, despite the fact that the appellants Sevalal Choudhary

       and Suresh Choudhary were arrested on the same day from their
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       house. It has rather been submitted that it was the informant’s side

       who were the aggressors as even according to them, the place of

       occurrence is the shop of the accused Rameshwar Choudhary,

       where the informant and others had entered and made certain

       demands leading to verbal altercation which subsequently

       escalated into a physical fight between the parties.

                     11. Per contra, Ms. Anita Kumari Singh, learned APP for

       the State has submitted that the prosecution has examined as

       many as six witnesses in its favour and all have supported the case

       as eye-witnesses including the injured eye-witness, PW-2,

       Yogeshwar Dhanuk. It has also been submitted that the First

       Information Report has also been lodged with due promptness, on

       the same day, as such, there is no scope of any concoction of facts.

       She has also submitted that the statement of the injured witness,

       who has received grievous injury, cannot be doubted as the

       evidence of the injured witness stands on a higher pedestal, which

       even stands corroborated by the injury report (Exhibit-1) as also

       the evidence of the doctor (PW-3) during trial, inasmuch as, the

       doctor has clearly stated in his cross-examination that all the

       injuries were caused by sharp cutting weapon like Fasuli (Pasuli).

       Further submission on behalf of the State is that merely because

       the witnesses are related, their testimony as eye-witness cannot be
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       doubted or brushed aside as they were the most natural witnesses,

       who were present in the shop, by virtue of them being the family

       members of the informant and the injured.

                     12. A cursory perusal of the evidence would go to show

       that PWs-1, 2, 4 and 5 are all eye-witness of the occurrence, PW-2

       being injured witness too, who have all supported the case of the

       prosecution. PW-3, Dr. Rajendra Prasad Mishra, is the Doctor who

       had examined the injuries of Yogeshwar Dhanuk (PW-2) and he

       has found following injuries on the person of the injured:

                         1. Incised wound in the front of scalp with cutting of the
                         frontal bone of the scalp, longitudinally the size the injury
                         was 3½ X ½ cutting deep up to bone. Grievous sharp
                         cutting
                         2. One incised wound below left ear on left side of the
                         neck parallel to injury no.4. dimension of the injury was 3
                         ½’ X ½ ’X 1’ simple sharp cutting.
                         3. Lower third of the left pinna was chopped off.
                         Grievous sharp cutting
                         4. Incised wound on mandibular region on left side just
                         below injury no.2, the dimension being 1½’ X 1/2’ X ½’.
                         Simple sharp cutting.
                         5. Incised wound on left upper arm middle portion
                         anterior part, the dimension being 3’ X 1’ X 1 ½’ Simple
                         sharp cutting.
                         6. Incised wound on the thenar area of the left palm being
                         2½ X ¼ X ¼ Simple sharp cutting.
                         7. Incised wound on hypothenar area of left palm the
                         dimension was 1”X ¼ X ¼. Simple sharp cutting.
                         8. All the injuries were caused by sharp cutting weapon
                         like Fasuli.

                     13. The Doctor has further stated that all the injuries

       were caused by sharp cutting weapon like Fasuli and in the cross-
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       examination the Doctor has further stated that the injury no.4

       cannot be manufactured and the above mentioned injuries cannot

       be possible due to fall from the tree with any deadly weapon or

       sharp cutting weapon.

                     14. PW-6, who is the Investigating Officer of the present

       case, has proved the First Information Report as Exhibit-5 and had

       also inspected the place of occurrence. He has further stated that

       he recorded the statement of the injured at Warisaliganj Hospital

       on 07.05.1995, at around 6:00 p.m., and at the time of taking his

       statement, Yogeshwar               Dhanuk (PW-2) was in an injured

       condition, however he was conscious. In his cross-examination,

       this witness has stated that he saw four injuries on the body of the

       injured, but the same was not covered or tied up and also that he

       did not take the statement of other persons of the hospital. Upon

       inspection of the place of occurrence, this witness had found some

       broken container of toddy and also blood at the place of

       occurrence, however, he has stated that he did not seize any blood

       and he also did not mention in case diary with regard to blood-

       stains being found on the cloth of the injured. The attention of the

       Investigating Officer has also been drawn to the statements of the

       witnesses recorded by him during investigation, including the

       informant, and further, he has admitted that he had arrested Suresh
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       Choudhary and Sevalal Choudhary on the same day i.e. on

       07.05.1995, from their house.

                     ANALYSIS AND CONSIDERATION

                     15. I have perused the impugned judgment of the5

       learned Trial Court, entire materials on record and I have given

       thoughtful consideration to the rival submissions made on behalf

       of the learned counsel for the appellants as well as learned APP for

       the State.

                     16. The contents of the F.I.R. have already been

       discussed in detail, which discloses an allegation that the

       appellants had indulged in assaulting the injured PW-2, causing

       serious injury to him.

                     17. The moot question for consideration now is as to

       whether the prosecution has been able to bring home the charges

       levelled against the appellants beyond all reasonable doubt, so as

       to sustain the conviction, and for such purpose the evidence on

       record needs to be analyzed and examined.

                     18. At the outset, it has been noticed that the First

       Information Report lodged by the informant has been done with all

       promptness, inasmuch as, the fardbeyan had been recorded on the

       same day in the Warisaliganj hospital, where the injured was being

       treated. The reason for fardbeyan being recorded by the informant
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       has also been explained as the injured was not in a state to record

       his statement at that point of time. The story propounded in the

       fardbeyan recorded by the informant stands supported to a large

       extent by the witnesses of the prosecution and upon going through

       the narration of the prosecution witnesses, it would be apparent

       that out of the six witnesses examined on behalf of the

       prosecution, four are eye-witnesses and they have all stood the test

       of the cross-examination and there is nothing substantial or

       tangible to doubt their testimony. The only challenge to the

       evidence of these witnesses is that they are related and hence, are

       interested, as such, they are not worthy of reliance. This would not

       be the correct perspective to approach the issue as merely because

       the witnesses are related it is not proper to categorize them as

       interested witnesses, rather, it is to be considered that they were

       the competent witnesses who were present at the place of

       occurrence and could have given an eye-witness account of the

       same. It may be true, as argued on behalf of the appellants, that

       some of the witnesses may not have seen the entire occurrence, as

       they arrived later at the place of occurrence, but the very fact that

       the informant was very much present at the scene of occurrence,

       along with injured, PW-2, and if there is no sufficient reason to

       doubt their presence and the veracity of their testimony, the same
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       would be sufficient to establish the occurrence in the manner as

       alleged by the prosecution. So far as the injured witness,

       Yogeshwer Dhanuk is concerned, he is no doubt the brother-in-law

       of the informant, but his injury report (Exhibit-1) would indicate

       that he had suffered several injuries, out of which, two were

       grievous in nature and also on vital part of the body. The law is

       well settled with regard to injured witnesses that they are accorded

       a special status in law and the injury to the witness is an inbuilt

       guarantee of his presence at the scene of crime because the witness

       will not want to let his actual assailant go unpunished, merely to

       falsely implicate a third party for the commission of the offence.

       This proposition was laid down very clearly by the Hon’ble

       Supreme Court in the case of Abdul Sayeed v. State of M.P.

       reported in, (2010) 10 SCC 259 and paragraph-30 of the same is

       being quoted herein:

                                      “30. The law on the point can be summarised
                         to the effect that the testimony of the injured witness is
                         accorded a special status in law. This is as a consequence
                         of the fact that the injury to the witness is an inbuilt
                         guarantee of his presence at the scene of the crime and
                         because the witness will not want to let his actual assailant
                         go unpunished merely to falsely implicate a third party for
                         the commission of the offence. Thus, the deposition of the
                         injured witness should be relied upon unless there are
                         strong grounds for rejection of his evidence on the basis of
                         major contradictions and discrepancies therein.”
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                     19. This Court would gainfully refer to another recent

       judgment of the Hon’ble Supreme Court rendered in the case of

       Baljinder Singh @ Ladoo And Others vs. State of Punjab,

       (2024 INSC 738), wherein a reference has been made to the case

       of Balu Sudam Khalde v. State of Maharashtra, reported in

       (2023) 13 SCC 365, laying down the legal principles to be kept in

       mind while appreciating the evidence of an injured eyewitness.

       Paragraph-26 of the case of Balu Sudam Khalde (supra) is being

       quoted hereinunder:

                                      “26. When the evidence of an injured eyewitness
                         is to be appreciated, the undernoted legal principles
                         enunciated by the courts are required to be kept in mind:
                                      26.1. The presence of an injured eyewitness at
                         the time and place of the occurrence cannot be doubted
                         unless there are material contradictions in his deposition.
                                      26.2. Unless, it is otherwise established by the
                         evidence, it must be believed that an injured witness would
                         not allow the real culprits to escape and falsely implicate the
                         accused.
                                      26.3. The evidence of injured witness has greater
                         evidentiary value and unless compelling reasons exist, their
                         statements are not to be discarded lightly.
                                      26.4. The evidence of injured witness cannot be
                         doubted on account of some embellishment in natural
                         conduct or minor contradictions.
                                      26.5. If there be any exaggeration or immaterial
                         embellishments in the evidence of an injured witness, then
                         such contradiction, exaggeration or embellishment should
                         be discarded from the evidence of injured, but not the whole
                         evidence.
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                                      26.6. The broad substratum of the prosecution
                         version must be taken into consideration and discrepancies
                         which normally creep due to loss of memory with passage of
                         time should be discarded.”
                     20. Upon perusal of the above mentioned judgments, it

       would be apparent that the evidence of the injured witness, who

       happens to be an eye-witness, has a greater evidentiary value, and

       the same cannot be lightly discarded or brushed aside unless,

       compelling reasons for the same exists.

                     21. Non-examination of independent witnesses is one of

       the grounds urged on behalf of the appellants and it is true that

       when witnesses in the form of local persons were available, the

       withholding of such witnesses by the prosecution can be viewed

       with suspicion, but such non-examination of independent

       witnesses cannot be the sole ground for doubting the case of the

       prosecution when it stands supported not only by the other

       prosecution witnesses but also by the medical evidence. The law is

       clear in accordance with Section 134 of the Evidence Act, that it is

       not the quantity but quality of evidence which has to be considered

       as the determinative factor for proving and deciding a case and

       when there is no material to doubt the veracity of the witnesses

       who have been examined on behalf of the prosecution, mere non-

       examination of the independent witnesses would not have any

       adverse impact on the prosecution case.
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                     22. The medical evidence as discussed earlier in the

       form of the injury report (Exhibit-1) as also the evidence of the

       Doctor (PW-3), goes to demonstrate clearly that the injured, PW-2,

       has suffered a number of injuries as alleged by the prosecution and

       the medical evidence is as such, corroborative of the ocular

       testimony of the witnesses as it lends further strength and support

       to the truthfulness of their evidence.

                     23. There may be certain defects in the investigation but

       the Investigating Officer has been examined and he has also

       supported the prosecution case in its material particulars. The

       existence of some discrepancy or inconsistency in the evidence,

       not going to the core of the case, would not materially affect the

       credibility of the prosecution case, as a whole, and they could be

       only termed as some trivial embellishments and exaggerations not

       shaking the very foundation of the prosecution case.

                     24. Thus, in the background of the consistent nature of

       evidence, imputing allegations of assault upon the appellants,

       coupled with the existence of injury on the person of the injured

       (PW-2), establishes the manner of occurrence and leads to the

       irresistible conclusion that the injured had suffered injuries at the

       hands of the appellants.
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                     25. Further argument on behalf of the appellants points

       towards the informant’s side being the aggressor, leading to a

       provocation caused and the occurrence having happened only in

       self defence. However, from a perusal of the evidence and on

       examining the other attending facts and circumstances, it does not

       appear that any attempt has been made on behalf of the defence to

       put forward such a plea and conclusively establish the same

       through any cogent evidence. There is virtually no evidence on

       record to show that some injuries were being caused to the accused

       persons and in retaliation of the same, the accused persons had

       caused the injuries as alleged upon the injured (PW-2). In

       complete dearth of any such evidence, the aforesaid argument of

       the defence is rejected.

                     26. Thus after a careful scrutiny of the entire evidence

       on record, I find that the evidence of prosecution witnesses are

       cogent, convincing and reliable and in such view of the matter, the

       prosecution has been able to prove its case beyond reasonable

       doubt, to the extent that injured Yogeshwar Dhanuk (PW-2) had

       suffered injuries on account of assault inflicted upon him by the

       appellants, by means of Fasuli (Pasuli) or any other sharp cutting

       weapon.
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                     27. Now, the question which remains to be determined is

       as to whether in the facts and circumstances of the case, an

       intention to kill can be gathered in order to justify the conviction

       of the appellants under Section 307 of the I.P.C. The medical

       evidence no doubt demonstrates the existence of a number of

       injuries on the injured and out of those injuries, two have also been

       found to be grievous in nature but the fact remains that the entire

       dispute between the parties had taken place on account of asking

       for some due amount of milk from the accused Rameshwar

       Chaudhary and upon refusal of the same, verbal altercation took

       place which, subsequently, escalated into a physical assault being

       made on Yogeshwar Dhanuk (PW-2) by the appellants. In such

       background of the fact that the occurrence had taken place at the

       ‘spur of the moment’, and injuries were caused only to PW-2 and

       not others, and also considering that barring two, the other injuries

       were found to be simple in nature it can be concluded safely that

       the appellants never had any intention to kill, as such, the essential

       element of mens rea required for an act of assault to be brought

       within the ambit of Section 307 of the I.P.C., seems to be missing.

                     28. For constituting an offence under Section 307 of the

       I.P.C., there has to be clear evidence that the intent behind the act

       is to cause death of the person. In the case of Shoyeb Raja v.
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       State of M.P., reported in 2024 SCC OnLine SC 2624, the said

       principle was reinforced, while reiterating the well settled legal

       principles governing Section 307 of the I.P.C. and the Hon’ble

       Apex Court referred to the three essential ingredients, for

       constituting an offence under the aforesaid Section as enumerated

       in the case of State of Maharashtra v. Kashirao, reported in

       (2003) 10 SCC 434. The above-mentioned ingredients are as

       follows:

                             i. an attempt to cause death,
                             ii. the act must be capable of causing death or should
                be done with the intent to cause death.
                             iii. the action taken by the accused should be
                imminently dangerous and no excuse should justify the risk of
                death or serious injury.
                     29. Thus, the critical element which is required to be

       present, regardless of the extent of physical injuries, is the intent. It

       has been highlighted that even minor injuries can lead to serious

       charges if the intent to cause death is evident.

                     30. On going through the facts of the present case, this

       Court finds that none of the above-mentioned ingredients can be

       said to be in existence, leading to the inevitable conclusion that

       there was no intention to cause death. Thus, it is on account of

       such unproved foundational facts, that this Court would come to

       the considered conclusion that the prosecution has not been able to
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       bring home the charges under Section 307/34 of the I.P.C. and

       thus, the conviction of the appellants under Section 307/34 of the

       I.P.C. cannot be sustained.

                     31. However, this Court needs to consider the alternative

       argument made on behalf of the appellants that the conviction

       under Section 326 of the I.P.C. against appellants no. 1 and 2,

       Suresh Choudhary and Heera Choudhary can also not be sustained

       and at best, a case under Section 325 of the I.P.C. would be made

       out as against them for voluntarily causing grievous hurt. With

       regard to such submissions, this Court finds that the present case

       involves not only voluntary causing of grievous hurt but also the

       weapon used is a sharp cutting weapon, which has been

       consistently stated by all the prosecution witnesses to be a Hasuli

       (Pasuli) which no doubt, is a dangerous weapon. Thus, this Court

       finds no legal basis for converting the conviction of Section 326

       I.P.C. into one under Section 325 I.P.C. As such, since the

       prosecution has been able to prove its case beyond all reasonable

       doubts with regard to the assault made by appellants no. 1 and 2,

       Suresh Choudhary and Heera Choudhary respectively, upon

       Yogeshwer Dhanuk (PW-2), this Court finds no reason to interfere

       with the conviction of these appellants under Section 326/34 of the
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       I.P.C. However, it has been pointed out that these appellants have

       remained in custody for more than two years.

                     32. On the question of sentence, this Court would take

       into consideration the attending circumstances, that the occurrence

       had taken place at the ‘spur of the moment’, in view of a verbal

       embroil getting escalated into a physical altercation, coupled with

       the fact that there was no premeditated action and that the

       appellants have suffered rigors of this case for substantially long

       period of time, as both the occurrence and the trial is of the year

       1995 and their appeal is now finally being heard after about 31

       years of the occurrence. In such view of the matter, considering

       the above factors as the mitigating circumstances, this Court is of

       the opinion that maintaining the conviction of appellants no.1 and

       2, Suresh Choudhary and Heera Choudhary under Section 326/34

       of the I.P.C., the ends of justice would be met, if their sentence is

       reduced to the period already undergone by them.

                     33. So far as the appellant no.3, Sevalal Choudhary @

       Subelal Choudhary is concerned, the charges and conviction as

       against him was only under Section 307/34 of the I.P.C. which has

       been found to be not sustainable. Considering the fact that there is

       no other allegation against him of having indulged in any act of

       assault, the appellant no.3,                Sevalal Choudhary @ Subelal
             Patna High Court CR. APP (SJ) No.309 of 2004 dt.31-01-2026
                                                        20/20




                    Choudhary deserves to be acquitted, and he is hence, acquitted of

                    the charges levelled against him.

                                  34. It would appear from the records of this case that the

                    appellants had been granted bail, but on account of their non-

                    appearance at the time of hearing of this case at one point of time,

                    their bail bonds had been cancelled on 20.09.2025, as such, all

                    three of them are presently lodged in custody. In view of the

                    acquittal of appellant no.3 Sevalal Choudhary @ Subelal

                    Choudhary and the sentence of appellant nos. 1 and 2, namely,

                    Suresh Choudhary and Heera Choudhary, reduced to sentence

                    already undergone by them, all the three appellants are directed to

                    be released forthwith, if not required in any other case.



                                                  (Soni Shrivastava, J)
anand/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          06.02.2026
Transmission Date       06.02.2026


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