PRADEEP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred under Sec. 413 of the Bharatiya Nagrik Suraksha Sanhita against judgment of acquittal dtd. 30/5/2025 passed by the learned District and Additional Sessions Judge-XV, Bhagalpur in Sessions Trial No. 253 of 2024, arising out of Jagdishpur P.S. Case No. 423 of 2020, whereby Respondent Nos. 2 to 7 have been acquitted by the learned Trial Court from the charge of Ss. 147, 148, 302/149, 341/149 and 323/149 of Indian Penal Code.

(2.) The prosecution case, in brief, is that on 12/12/2020 at about 08:00 p.m., the informant along with his son Shekhar and Manish went to Jagdishpur for purchasing medicine for his son Manish Yadav. At the time of return, when they reached at Chhoti Koyala near Pokhar Mor then, Bhairo Yadav, Sonu Yadav, Durga Yadav, Ashok Yadav, Arvind Yadav, Siddhu Yadav, all armed with hockey, rifle, country-made pistol, lathi and iron rod surrounded them. Bhairo Yadav ordered the aforementioned accused persons to kill the informant and his son Shekhar Yadav and Manish Yadav. They brutally assaulted the informant and his sons with the said weapons. When the informant raised alarm, then they tied their hands and after seeing persons on tractor, the accused persons fled away threatening to face dire consequences if they inform the Police. All sustained injuries but Shekhar Yadav was grievously injured and was admitted to J.L.N.M.C.H., Bhagalpur where he died during the course of the treatment.

(3.) On the basis of fardbeyan of the informant, Jagdishpur P.S. Case No. 423 of 2020 was instituted under Ss. 147, 148, 302/149, 341/149 and 323/149 of Indian Penal Code and investigation was taken up by the Police. The Police after investigation submitted charge-sheet against Respondent Nos. 2 to 7 and, accordingly, cognizance was taken. Thereafter, the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.