Patna High Court

Laxman TuduversusThe State Of Bihar

Decided: 7 July 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

The conviction under Section 307 IPC is unsustainable and is converted to a conviction under Section 323 IPC with the sentence reduced to the time already served.

Summary

The appellants were convicted for assaulting a youth during a dance program, with the trial court finding them guilty of offences under Sections 307, 323, 341/342, 325, 379 and 34 of the IPC and imposing rigorous imprisonment and fines. On appeal, the High Court examined the evidence, including witness statements and a medical report that did not support a charge of attempted murder. The Court held that the facts did not constitute an offence under Section 307 IPC but only an assault under Section 323 IPC. Consequently, the conviction under Section 307 was converted to Section 323 and the sentence was reduced to the period already served. The appellants were discharged from the bail bonds and the appeals were disposed of, granting relief to the accused.

Issues considered

Whether the facts of the case constitute an offence under Section 307 IPC (attempt to murder) or only under Section 323 IPC (voluntarily causing hurt).
Whether the conviction under multiple IPC sections, including Section 307, is legally sustainable.
Whether the sentence imposed by the trial court is appropriate in view of the correct conviction.

Legislation cited

Indian Penal Code — s. 307, 323, 325, 34, 341, 342, 379

Subjects

assault
attempted murder
IPC
conviction modification
sentence reduction
criminal appeal
concurrent sentencing

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.361 of 2016
   Arising Out of PS. Case No.-53 Year-2007 Thana- MURLIGANJ District- Madhepura
======================================================
Laxman Tudu Son of Late Mahager Tudu Resident of village - Rajni Tola
Naya Nagar, Ward No. 17, Police Station - Murliganj, Post Office Rajni,
District - Madhepura
                                                       ... ... Appellant/s
                               Versus
The State Of Bihar
                                                    ... ... Respondent/s
======================================================
                                with
                CRIMINAL APPEAL (SJ) No. 990 of 2016
   Arising Out of PS. Case No.-53 Year-2007 Thana- MURLIGANJ District- Madhepura
======================================================
1. Ramesh Hembram, S/o Lal Hembram
2. Henzo Tuddu, S/o Kusum Lal Tuddu
  Both Residents of Village- Rajani Tola, Naya Nagar, P.S. Murliganj,
  District- Madhepura
                                                            ... ... Appellant/s
                                   Versus
The State Of Bihar
                                                         ... ... Respondent/s
======================================================
                                    with
                CRIMINAL APPEAL (SJ) No. 64 of 2018
   Arising Out of PS. Case No.-53 Year-2007 Thana- MURLIGANJ District- Madhepura
======================================================
Dinesh Tuddu S/o Kusum Lal Tuddu, R/o Rajani Ward No. 17, P.S.-
Murliganj, District- Madhepura.
                                                 ... ... Appellant/s
                                Versus
The State Of Bihar
                                              ... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 361 of 2016)
For the Appellant/s  :     Mr. Pramod Kumar Singh, Advocate
                           Mr. Rahul Kumar Singh, Advocate
For the Respondent/s :     Mr. Sujeet Kumar Singh, A.P.P.
(In CRIMINAL APPEAL (SJ) No. 990 of 2016)
For the Appellant/s  :     Mr. Pramod Kumar Singh, Advocate
                           Mr. Rahul Kumar Singh, Advocate
For the Respondent/s :     Mr. Bipin Kumar, A.P.P.
(In CRIMINAL APPEAL (SJ) No. 64 of 2018)
For the Appellant/s  :     Mr. Pramod Kumar Singh, Advocate
                           Mr. Rahul Kumar Singh, Advocate
For the Respondent/s :     Mr. Sujit Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
 Date : 07-07-2026
Patna High Court CR. APP (SJ) No.361 of 2016 dt.07-07-2026
                                             2/5




                      1. All the aforementioned appeals arise out of same

         Murliganj P. S. Case No. 53 of 2007 and hence, with the consent

         of the parties, are being heard and disposed of by a common

         judgment.

                      2. Heard learned counsel appearing for the appellants

         and learned Additional Public Prosecutors appearing for the

         State.

                      3. Cr. Appeal (SJ) No. 361 of 2016 has been filed

         challenging the judgment of conviction dated 19.04.2016 and

         order of sentence dated 20.04.2016 and Cr. Appeal (SJ) Nos.

         990 of 2016 & 64 of 2018 have been filed challenging the

         judgment of conviction dated 28.09.2016 and order of sentence

         dated 29.09.2016 passed by the learned District & Sessions

         Judge, Madhepura in Sessions Trial No. 199 of 2007 and in

         Sessions Trial No. 93 of 2016, respectively, in connection with

         Murliganj P. S. Case No. 53 of 2007 whereby and whereunder

         appellants have been convicted for committing offences under

         Sections 307, 323, 341/34 of the Indian Penal Code and have

         been sentenced to undergo rigorous imprisonment for seven

         years with fine of Rs. 10,000/- each, R/I for six months with

         fine of Rs. 500/- each and R/I for one month, respectively.

         However, appellants Dinesh Tuddu and Ramesh Hembram have
Patna High Court CR. APP (SJ) No.361 of 2016 dt.07-07-2026
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         been sentenced to go under R/I for two years each for the

         offences punishable under Section 379 IPC. All the sentences

         were ordered to run concurrently.

                      4. The prosecution story, as alleged in the Fardbeyan

         of the informant, namely, Most. Pakku Devi in brief, is that her

         son Hakim Murmu had gone to see dance and music programme

         in the marriage of Kadru Baske, S/o Late Kishan Baske where

         some young persons including these appellants brutally

         assaulted her son as a result of which he became unconscious. It

         is further alleged that the accused persons also snatched away

         his wrist watch and Rs. 1,300/- cash from the pocket.

                      5. On the basis of the report of informant, Police

         lodged the instant case bearing Murliganj P. S. Case No. 53 of

         2007 and after investigation police submitted charge-sheet

         against four accused persons, namely, Hanzo Tudu, Laxman

         Tudu, Dinesh Tudu and Ramesh Hernbram before the Court of

         Leamed C.J.M., Madhepura, who after taking cognizance

         against the four accused persons u/s. 341, 323, 325, 379, 307/34

         I.P.C. and later on, dated 10.07.2007 case was committed to the

         Court of Sessions and on 24.07.2007, charges were framed

         against them u/s. 341, 323, 325, 307, 379/34 I.P.C.

                      6. In this case, in order to bring home guilt of the
Patna High Court CR. APP (SJ) No.361 of 2016 dt.07-07-2026
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         accused persons, the prosecution has examined altogether six

         witnesses. P.W. 1, namely, Resham Lal Murmu, who is the

         brother of injured and supported the prosecution case. P.W. 2,

         namely, Chhote Lal Soren is the eye witness of the occurrence

         and supported the prosecution case. P.W. 3, namely, Dr. Jay

         Prakash Singh is the Medical Officer, who examined the injured

         and stated that he did not find any apparent injury on the body

         of the injured and did not examine the cause of swelling on his

         body. He further stated the reason behind unconsciousness of

         the injured was pulse rate which was 70 per minute and his BP

         was unrecordable. Injured became conscious after three days.

         P.W. 4 Neeraj Kumar is the eye witness of the occurrence and

         supported the prosecution case. P.W. 5 Hakim Murmu is the

         injured witness, who supported the prosecution case and P.W. 6,

         namely, Most Pakku Devi is the informant and mother of the

         injured (P.W. 5).

                      7. After hearing the parties, the learned trial court

         convicted these appellants and sentenced them, as indicated in

         the opening paragraph of this order.

                      8. From the evidence adduced, it appears that both the

         parties are co-villagers and the occurrence took place during

         dance and music programme, on the spur of the moment over a
             Patna High Court CR. APP (SJ) No.361 of 2016 dt.07-07-2026
                                                          5/5




                      minor dispute and in the facts of the case it does not appear to

                      be a case under Section 307 IPC.

                                   9.    Accordingly,           the   impugned   judgments   of

                      conviction of appellants is converted to one under Section 323

                      IPC and the sentence awarded to the appellants is reduced to the

                      period already undergone by them during trial.

                                   10. In that view of the matter, appellants, above

                      named, are discharged from the liability of the bail bonds in

                      connection with this case.

                                   11. Accordingly, these appeals stand disposed of.

                                   12. Interlocutory application/s, if any, also stands

                      disposed of.




                                              (Prabhat Kumar Singh, J)
Navya/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          08.07.2026
Transmission Date       08.07.2026

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