IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.321 of 2020 Arising Out of PS. Case No.-972 Year-2016 Thana- BANKA District- Banka ======================================================

Sunil Yadav @ Sunil Kumar Yadav, Son of Late Bishu Yadav, Resident of Village - Rampur, Uper Tola, P.S.- Banka, Distt.- Banka.

... ... Appellant Versus

1. The State of Bihar

2. Renu Kumari D/o Ram Lakhan Mandal Resident of Village - Rampur, P.S.-

Bounsi, Distt.- Banka.

3. Sita Ram Yadav Son of Siru Yadav Resident of Village - Rampur, P.S.-

Banka, Distt.- Banka.

4. Hub Lal Son of Siru Yadav Resident of Village - Rampur, P.S.- Banka, Distt.- Banka.

5. Manju Devi Son of Bub Lal Yadav Resident of Village - Rampur, P.S.-

Banka, Distt.- Banka.

6. Ravan Das Son of Mahavir Das Resident of Village - Rampur, P.S.- Banka, Distt.- Banka.

7. Naresh Das Son of Muni Das Resident of Village - Goh Kara, P.S.- Banka, Distt.- Banka.

8. Manoj Das Son of Jagdish Das Resident of Village - Sanhaula, P.S.- Banka, Distt.- Banka.

9. Manoj Raut Son of Murari Raut Resident of Village - Sanhaula, P.S.- Banka, Distt.- Banka.

10. Mantu Das Son of Bhagwat Das Resident of Village - Goh Kara, P.S.-

Banka, Distt.- Banka.

11. Ram Chandra Das Son of Bhagwat Das Resident of Village - Amba, P.S.-

Banka, Distt.- Banka.

12. Radhey Das Son of Bhuneshwar Das Resident of Village - Goh Kara, P.S.-

Banka, Distt.- Banka.

13. Siru Das Son of Dalti Yadav Resident of Village - Rampur, P.S.- Banka, Distt.- Banka.

14. Tuma Devi D/o Siru Yadav Resident of Village - Rampur, P.S.- Banka, Distt.- Banka.

... ... Respondents ======================================================

Appearance :

For the Appellant : Mr. Subodh Prasad, Advocate For the State : Mr. Dilip Kumar Sinha, Addl.PP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 08-12-2025 This appeal against acquittal of respondent nos. 2 to 14 has been preferred for setting aside that part of the judgment and order of acquittal dated 18.01.2020 (hereinafter referred to as the ‘impugned judgment of acquittal’) whereby and whereunder the learned Additional District and Sessions Judge-I, Banka (hereinafter referred to as the ‘learned trial court’) has been pleased to acquit respondent nos. 2 to 14 of the charges under Sections 147, 148, 341, 323, 447, 338, 307, 302, 504 and 506 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act and Section ¾ of the Explosive Substances Act in connection with Sessions Trial No. 195 of 2018 arising out of Banka P.S. Case No. 972 of 2016. Prosecution case

2. The prosecution case is based on the fardbeyan of Sunil Kumar Yadav (PW-3) recorded by S.I. Lakshman Ram of Banka Police Station on 09.12.2016 at 13:45 Hours at Rampur Upper Tola. In his fardbeyan, he has stated that his father has two brothers and he is the second one. His grandfather purchased eight kathas of land in the name of his elder son Siru Yadav. His grandfather had already divided the shares of the said land among his three sons. After the death of his grandfather, three of them started living separately. His elder uncle Siru Yadav refused to give shares to other two brothers and did mutation in his name but during survey, the said land became in the name of three brothers. He has stated that his elder uncle filed a case which is going on. In the meantime, Renu Kumari threatened to leave the said land to which his father said that the said land was purchased by his father in which three brothers have equal shares and in the survey also it is in the name of three brothers to which Renu Kumari threatened him of dire consequences.

On 09.12.2016, at 10:30 AM (1) Renu Kumar (2) Master Raut, (3) Manoj Das, (4) Manoj Raut, (5) Radhe Das, (6) Mantu Das, (7) Naresh Das, (8) Ravan Das, (9) Ramchandra Das, (10) Siru Yadav, (11) Hublal Yadav, (12) Sitaram, (13) Manju Devi, (14) Dhuma De