Mohit Kumar Shah, J.—The present appeal has been preferred under Section 413 of the Bhartiya Nagrik Suraksha Sanhita, 2023 against the judgment of acquittal dated 30.10.2024, passed by the learned Court of District and Additional Sessions Judge-XIX, Sasaram, Rohtas in Sessions Trial No. 527/2022 (arising out of Bikramganj P.S. Case No. 7/2022), whereby and whereunder the Respondents No. 2 and 3 have been acquitted by the learned Trial Court from the charges levelled against them under Section 307/34, Section 302/34 and Section 120(B) of the Indian Penal Code (hereinafter referred to as “the I.P.C.”) and Section 27 of the Arms Act.

2. By an order dated 17.9.2025, the records of the learned Trial Court were called for, which have duly been received on 08.10.2025.

3. The case of the prosecution in brief, as per the fardbeyan of Himanshu Kumar @ Pradeep Rao recorded by the Police Inspector-cum-S.H.O., Bikramganj Police Station at 9.05 am on 07.1.2022 at Karuna Hospital I.C.U., Bikramganj, Ara Road is that on the previous day i.e. 06.1.2022 at about 7:30 in the evening, when he was at his house situated at Krishnanagar Ward No. 7, Bikramganj, his deceased friend, namely Rahul Kumar @ Banti, who was resident of the lane, situated in front of Askamini Temple Gate, had come to call him, whereafter he had informed his mother and had gone along with him towards his house and when they had reached near Modern I.T.I, two friends of the deceased, namely Nitish Kumar and Rockey Kumar (Respondent No. 2) had met them, whereupon the deceased Banty had introduced him to the said Nitish and Rockey (Respondent No.2). The informant has further stated that all the said four persons had then gone to the vacant flat, situated below the flat / house of Banty and started talking to each other. At 9:30 pm, the mother of the informant had rang him and told him to come back to his house but when he started going back, the other persons sitting there did not allow him to go and told him to sleep there. Nitish and Rockey had brought lassi along with them, which was consumed by all the four persons and then they started talking to each other, whereafter Banty and the informant fell asleep at about 10:00 in the night. Thereafter, at about 12:30 in the night the informant woke up from sleep and found blood on his face, whereupon he lit his mobile and saw that blood was oozing out from his head and there was one big wound on the head of Banty as also lot of blood had spread near the pillow, whereafter he had tried to wake up Banty, but he did not get up and at that time, Nitish Kumar and Rockey Kumar (Respondent No. 2) were not present, the door was open and they had fled away. The informant had then gone upstairs and raised an alarm and told the mother and sister of Banty about Nitish and Rockey (Respondent No. 2) having shot Banty and fled away. Thereafter, the relatives of Banty had taken Banty and the informant in an ambulance to Karuna Hospital and had got him admitted, where he is being treated as also he came to know there that Banty has died. The informant has stated that he is of the belief that Nitish Kumar and Rockey Kumar have shot him and injured him as also killed Banty.

4. On the basis of the said fardbeyan of the informant, namely Himashu Kumar @ Pradeep Rao, Bikramganj P.S. Case No. 7/2022 was registered on 7.1.2022 at 9:45 am under Section 307/302/120(B) of the I.P.C. and Section 27 of the Arms Act against Nitish Kumar and Rockey Kumar (Respondent No. 2). The police, upon investigation had submitted charge-sheet dated 5.4.2022 against Nitish Kumar @ Shubham @ Bholu & Rockey @ Rohit Kumar (Respondent no. 2) as also against one non- F.I.R. named accused, namely Prince Kumar (Respondent No. 3) under Section 307/302/120(B) I.P.C. & Section 27 of the Arms Act. Thereafter, the case was committed to the Court of Sessions, vide order dt. 30.9.2022, passed by the Ld. Additional Chief Judicial Magistrate-II, Bikramganj & was numbered as Sessions Trial No.