1. The present criminal appeal has been preferred under S.413 of the Bharatiya Nagrik Suraksha Sanhita against judgment of acquittal dated 30.05.2025 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 S.147, S.148, S.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 S.147, S.148, S.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.

4. During the trial, the prosecution examined altogether twenty one prosecution witnesses i.e. PW1 - Gainu Yadav, PW2 - Birbal Harijan, PW3 - Vipin Kumar Das, PW4 - Rajesh Kumar alias Rajesh Paswan, PW5 - Gulcharan Yadav, PW6 - Nakul Yadav, PW7 - Ritik Raj, PW8 - Photo Yadav, PW9 - Rita Devi, PW10 - Saurav Kumar Yadav alias Shravan Kumar Yadav, PW11 - Usha Devi, PW12 - Manish Yadav, PW13 - Ravindra Prasad Yadav, PW14 - Shankar Yadav, PW15 - Pradeep Yadav alias Deep Narayan Yadav (informant), PW16 - Tehfa Devi, PW17 - Lakshman Prasad Sah (IO), PW18 - Dr. Sandip Lal, PW19 - Ajay Kumar, PW20 - Sarveshtam Kumar (Forensic expert) and PW21 - Dr. Jayant Kumar. The prosecution has also produced certain documents which were marked as 'Exhibits' i.e., Ext. P - 1: The fardbeyan of Pradeep Yadav signed and written in handwriting of SI H.C. Upadhyay of Barari Police Station, Ext. P - 1/1: Forwarding of fardbeyan signed and written in handwriting of SI H.C. Upadhyay of Barari Police Station, Ext. P - 1/2: Paging in signature and handwriting on fardbeyan by the then SHO of Jagdishpur Police Station, Ext. P - 2: The formal FIR in the handwriting of Manoj Kumar which bears the signature of SHO Brajesh Kumar, Ext. P - 3: a photocopy of the Inquest Report in the handwriting and signature of the SI Umashankar Singh of Barari Police Station, ext. P - 4: Mechanical Test Report issued by the Motor Vehicles Inspector, Bhagalpur, Ext. P - 5: The Medical Board's opinion report, Ext. P - 6: Final Report No. 299/23 dated 06.12.2023, Ext. P - 7: The inspection report dated 14.06.2021 of primary place of occurrence, Ext. P - 8: Post - mortem report and Ext. P - 9 : A certified informant copy of Jagdishpur PS Case No. 394/20. No witness has been examined on behalf of the defence. After closure of prosecution evidence, the statements of the accused persons were recorded under S.313 CrPC and after conclusion of trial, learned Trial Court has acquitted the accused persons.

5. The learned Trial Co