IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.280 of 2005 ======================================================

1. Birendra Bahadur Singh (Abated vide order by Hon'ble court dated 06-12-

2025) son of Late Bishwanath Singh Resident of village- Sahengi, Ps-

Agiaon, (Garhani), Dist- Bhojpur

2. Banarasi Singh (Abated vide order by Hon'ble court dated 06-12-2025) son of Late Awadhesh Singh Resident of village- Sahengi, Ps- Agiaon, (Garhani), Dist- Bhojpur

3. Sri Bhagwan Singh son of Late Awadhesh Singh Resident of village-

Sahengi, Ps- Agiaon, (Garhani), Dist- Bhojpur

4. Mantu Singh son of Shri Sri Bhagwan Singh Resident of village- Sahengi, Ps- Agiaon, (Garhani), Dist- Bhojpur ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. S. Nand Singh, Advocate Mr. Mukund Kumar, Amicus Curiae For the Respondent/s : Mrs. Anita Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

Date : 11-02-2026 At the outset, it is pertinent to mention that vide order dated 06.12.2025 the present appeal already stands abated with respect appellant No. 1 Birendra Bahadur Singh and appellant No. 2 Banarasi Singh and now the appeal is confined with respect to appellant No.3 Sri Bhagwan Singh and appellant No. 4 Mantu Singh.

2. Heard learned Senior Counsel as also learned Amicus Curiae appearing on behalf of the appellants and learned A.P.P. for the State.

3. The present appeal is directed against the judgment of conviction and order of sentence dated 25.4.2005 passed learned Addl. Sessions Judge-cum- Presiding Officer of F.T.C. II^nd, Ara in Sessions Trial No. 267 of 1999, whereby and whereunder appellants Birendra Bahadur Singh (since deceased), Banarasi Singh (since deceased), Sri Bhagwan Singh and Mantu Singh have been convicted under Sections-323, 325 and 34 of I.P.C. and they have been sentenced to undergo R.I. for six months under Section-323 of I.P.C. and R.I. for three years under Section- 325/34 of I.P.C. and the sentences have been ordered to run concurrently and the trial court has acquitted the appellants from the charges under Sections- 307 and 341 of I.P.C.

4. According to the fardbeyan of informant-cum-

victim recorded at Sadar Hospital, Ara at 21 hours early in the morning, the occurrence is of 07.06.1999 at about 06:00 a.m. The informant’s younger brother (appellant No.1) Birendra Bahadur Singh (since deceased) was sitting near Guava tree which was situated at a distance of 5-6 metres from the house of the informant. When the informant came out of the house, appellant Birendra Bahadur Singh asked him as to why he had executed a deed of gift in the name of his daughter-in-law. Informant stated that he had executed the same out of his share, whereupon appellant Birendra Bahadur Singh began to abuse the informant and upon hearing the voice of Birendra Bahadur Singh, appellants Banarasi Singh, Sri Bhagwan Singh and Mantu Singh, armed with lathi and danda came there and started abusing him. Upon exhortation of Banarasi Singh, all the appellants assaulted the informant with lathi and danda on his head causing head injury. Appellant Birendra Bahadur Singh gave two lathi blows on the head of the informant and on hearing the alarm raised by the informant when the informant’s wife came there, it is alleged that Geeta Devi (not sent up for trial), wife of appellant Birendra Bahadur Singh caught hold of her hair and thrashed her on the ground causing head injury and appellants are alleged to have snatched gold chain from the informant and his wife.

5. On the basis of fardbeyan of informant, Agiaon Garhani P.S. Case No. 31/1999 was registered on 15.06.1999 under Sections- 341, 325, 323, 379, 504/34 of I.P.C. and routine investigation followed, statements of witnesses came to be recorded and after completion of investigation, ch