In Rasik Lal Rai vs. The State of Bihar & Ors. (2026), Supreme Court's Division Bench of Justices Manoj Misra and Vijay Bishnoi passed a 6-page long order dated August 12, 2026, wherein, it concluded:"...in our view, the conviction of the accused for the offence punishable under Section 302 IPC would not be proper. Even if we assume that the head injury was caused by the accused, there was no underlying fracture and, therefore, in absence of intention to cause death or of causing such bodily injury which in ordinary course is sufficient to cause death, an offence not graver than 304 Part II would be made out. However, what is strange is that if the High Court was of the view that there was no intention to cause death or of causing such bodily injury which in ordinary course is sufficient to cause death, once the person died there was no occasion to convict him under Section 307 IPC."
Supreme Court's order reads: "24. In our view, the accused besides other offences ought to have been convicted for offences punishable under Section 324 IPC, for causing injuries to the three injured persons, and under Section 326 IPC for causing injury to the deceased, read with Section 149 of IPC. This we say so because the head injury, which, according to PW11, caused the death, was not noticed in the initial medical examination of the deceased. For the sake of completeness, even if we accept that head injury was caused by the accused, the offence will not travel beyond 304 Part II of IPC in as much as it was a solitary blow with no underlying fracture. In absence of any appeal from the convicted accused, without disturbing conviction under other provisions, we deem it appropriate to alter the conviction of the accused-respondents from Section 307 IPC to Sections 324 and 326 IPC read with Section 149 IPC. 25. However, having regard to the fact that the incident is of the year 1990, and now more than 36 years have passed, we do not wish to interfere with the direction of the High Court that all sentences would stand reduced to the period of sentence already undergone. 26. The appeal stands disposed of in the aforesaid terms."
Rasik Lal Rai, the informant/complainant had appealed against the judgment dated March 24, 2015 authored by Justice V.N. Sinha of Patna High Court passed in three connected proceedings i.e., Government Appeal (DB) No.11 of 1993, Criminal Appeal No.309/1992 and Criminal Revision No.145/1993 preferred against the judgment and order of Second Additional Sessions Judge, Samastipur dated 08.12.1992 in Sessions Trial No.42/32 of 1991/92.
Supreme Court observed: "14. What is interesting is that the head injury which was found to be the cause of death was not noticed by PW9 when he had examined Ramadhar on the date of incident. 15. Based on the evidence led in the course of the trial, the Trial Court acquitted all accused of the charge of murder on the ground of serious inconsistency in medical evidence. Ajab Rai was, however, convicted under Sections 109/307 of IPC."
The State had filed an appeal against acquittal of the accused from the charge of murder by the trial court, both simpliciter qua Ajab Rai and with the aid of Section 149 IPC qua other accused. The informant (the appellant before the Supreme Court) had filed a revision petition because at that time there was no right of an appeal to the victim. Even the convicted accused had preferred an appeal. The two appeals and the revision were decided by common impugned judgment and order dated March 24, 2015.
The informant/complainant was aggrieved by the order of the High Court, therefore, he approached the Supreme Court.
Supreme Court recorded:"No appeal has been preferred either by the State or the convicted accused."
The submission on behalf of the appellant was that there was no occasion for the High Court to convict the
accused under Section 307 IPC when the person injured had succumbed to the injuries. In such circumstances, the conviction ought to have been under Section 302 IPC. In support of this submission, the counsel for the appellant pointed out Explanation 2 to Section 299 of the IPC which provides that where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. It was submitted that mere fact that the injured remained under treatment for 11 days would not change the gravity of the offence because the person died on account of the injuries sustained in the incident and, therefore, it would be a case of murder inasmuch as the injuries were caused with an intention to cause death.
Supreme Court recorded:"Admittedly, the Autopsy Surgeon in its deposition has indicated that death was a consequence of the head injury."
Supreme Court observed: "Admittedly, the deceased was hospitalized, and he remained in hospital for over 11 days. The autopsy report indicates an injury on the head. This specific injury was not noticed in the earlier medical examination. There is no explanation for this discrepancy in the prosecution evidence. Therefore, in absence of any clarificatory evidence from the prosecution side that this injury was present, though inadvertently overlooked by the doctor at the time of initial medical examination, the benefit of doubt would have to go to the accused as to whether that injury was caused by them. In such circumstances, it cannot be said with certainty that the sole fatal injury found on the body of the deceased was attributable to Ajab Rai or any of the accused persons."
Earlier, in The State of Bihar vs. Ajab Rai & Ors. (2015), Patna High Court's Division Bench of Justices V.N. Sinha and Ahsanuddin Amanullah had delivered a 8-page long judgement dated March 24, 2015, wherein, it concluded:"we are of the view that in view of the evidence on record, both ocular and medical, the offence proved in the present case is Section 307 and not 302 of the Penal Code. The court below has rightly held the respondents in the Government Appeal and appellants in the Cr. Appeal guilty of the offence under Section 307 and other allied Sections of the Penal Code and sentenced them accordingly. In the circumstances, we do not find any merit either in the Government Appeal or in the Cr. Appeal or in the Cr. Revision, which is dismissed. The sentence imposed on the respondents under the impugned judgment is modified to the extent that the period already undergone by them during trial as also during pendency of the appeal will meet the ends of justice. In the result, impugned conviction is upheld with modification in sentence." The judgement was authored by Justice Sinha.
The Division Bench delivered the judgement upon hearing the Government Appeal, Cr. Appeal and Cr. Revision arise out of judgment dated December 8, 1992 passed by 2nd Additional Sessions Judge, Samastipur in sessions trial of 1991/92, whereunder respondents in the Government appeal, appellants in Cr. Appeal were held guilty of the charge under Sections 307, 148 of the IPC. Under Section 148 of the IPC all the convicts have been directed to suffer rigorous Imprisonment for one year. The appellants Ajab Rai, Vishwanath Rai, Indradeo Rai were directed to suffer rigorous imprisonment for seven years under Section 307 of the Penal Code. The appellant Ajab Rai were also convicted for the offence under Section 109 of the IPC, and directed to suffer rigorous imprisonment for three years. The appellants Anil Rai, Gajendra Rai and Surendra Rai were directed to suffer sentence of three years rigorous imprisonment under Section 307 of the IPC. The appellants Anil Rai, Vishwanath Rai and Gajendra Rai were also convicted for the offence under Section 342 of the IPC and directed to suffer rigorous imprisonment for one year. The sentences were directed to run concurrently.
The prosecution case, as set out in the First Information Report of informant Rashik Lal was that while he was returning to his house from his forecourt situate in Villge Chandpur Dhamaun, Police Station- Patori, around 12:30 noon on July 15, 1990, reached near the entrance, the accused persons variously armed with lethal weapons like Lathia, Gandasa, spear, firearms attacked him on the orders of accused No. 1 Ajab Rai causing grievous injury, he fell down. Hearing the alarm of Rashik Lal, his nephew Ramadhar Rai who came running to save his uncle, was caught by Indradeo Rai, Vishwanath Rai and Anil Rai, Ajab Rai inflicted Gandasa blow causing head injury to the nephew. Vishwanath Rai also gave spear blow to Ramadhar Rai after he fell down. While the assault was on, Fakira Rai also arrived and was assaulted by Indradeo Rai with spear on his head, Surendra Rai with lathi causing grievous injury. The wife of Fakira Rai, Dayawati who intervened to save them, was also assaulted with lathi, gandasa by Ajab Rai causing injury on her left leg, whereafter she also fell down. While the assault on the men folk of the prosecution party was on, the female inmates of the house of the accused persons entered the house of the informant, carried away a box containing gold ornament and silver utensil worth Rs. 2500/-, clothes. The female inmates also carried away five bags of wheat causing damage to the belongings of the informant kept inside the house. The villagers named in the fardbeyan also came, saw the occurrence. The fardbeyan was recorded in the same evening at 8:00 P.M. by K. D. Singh, A.S.I., Town Police Station, Samastipur in Sadar Hospital which was forwarded to Patori Police Station where Patori P.S. Case was registered on July 17, 1990 for the offence under Sections 307, 380 and other allied Sections of the IPC against Ajab Rai and nine others including the five who were put on trial along with Ajab Rai. During investigation of the case Ramadhar Rai died on July 26, 1990 while in treatment at P.M.C.H. The police submitted charge-sheet only against six who were put on trial.
In support of the charge, prosecution examined 15 witnesses including three Medical Officers and two Police Officers. P.Ws. 7, 12 and 13 are formal witnesses as they have proved First Information Report, endorsement on the fardbeyan and endorsement on the Inquest Report. The seven other witnesses are the eye-witnesses of the occurrence including informant Rashik Lal Rai (P.W. 3), Fakira Rai (P.W. 6) and Dayawati Devi (P.W. 8).
The trial court considered the evidence on record i.e. evidence of informant and the other two eye-witnesses as also the evidence of the Investigating Officer (P.W. 10) and the doctors (P.Ws. 9, 11 and 15) concluded that the prosecution case of assault, as deposed by the witnesses in court including the official witnesses i.e. the Medical Officer who examined the three injured and one deceased, offence under Section 302 of the IPC was not made out as accused persons used the firearm like a lathi, assaulted the injured with butt of the gun and other traditional weapons. One of the injured, nephew of the informant, Ramadhar Rai died after 11 days of the occurrence of the injury. From the post mortem report it did not appear that the accused persons who assaulted him had any intention to kill Ramadhar Rai.
The counsel of the appellants in criminal appeal had assailed the trial court judgment with reference to the evidence of the informant, the two injured and submitted that close perusal of their evidence would indicate that none of the three, either the informant or the two injured, were witness of the complete occurrence as from their version it would appear that they saw the occurrence only in part but deposed as eye-witness of the entire occurrence which does not appear to be true.
The counsel had also submitted that even accepting the prosecution version, as set out and proved by the prosecution party, the offence under Section 307 of the Penal Code was not made out as none of the appellants had any intention to kill either Ramadhar Rai or the informant or the other injured. At best the offence made out against them should have been under Section 326 of the IPC Code. In this connection, he also placed reliance on the injury, post mortem report of the deceased and injury report of the injured.
Ashwani Kumar Sinh and S.C. Mishra, the counsels for the State supported the judgment of trial court. The State submitted in support of the Government appeal that offence under Section 302 of the IPC was made out as Ramadhar Rai who came to save informant Rashik Lal was inflicted Gandasa blow causing head injury, nature whereof clearly establish that the intention of its author was to commit his murder as Ramadhar Rai was preventing the author of his injury from assaulting Rashik Lal. He also submitted that the evidence of the two injured also make out a case of murder and the appeal should be allowed, respondent Ajab Rai be convicted for the offence under Section 302 and others for the offence under Section 302/149 of the Penal Code.
Justice Sinha observed: "7. Having considered the rival submission of the learned counsel for the parties and the evidence of the informant as also the two injured, we are of the view that true it is that Ajab Rai inflicted gandasa blow on the person of Ramadhar Rai causing head injury but not only the nature of the said injury was simple but also there was no repetition of blow by Ajab Rai, further though the unlawful assembly was armed with firearm yet only the butt of the gun was used to inflict such injuries which can be caused by hard, blunt substance...." Rasik Lal Rai was also one of the appellants before the High Court.
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