PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against judgment of acquittal dated 27.02.2021 passed by the learned 2 nd Additional Sessions Judge, Hilsa, Nalanda in Sessions Trial No. 85 of 2019, arising out of Ekangarsarai P.S. Case No. 113 of 2018, whereby Respondent Nos. 2 and 3 have been acquitted by the learned trial Court from the charge of Section 302/34 of Indian Penal Code.

2. Vide order dated 22.07.2025, trial Court records were called for, which was received on 01.09.2025.

3. The prosecution case, in brief, is that the informant Jitendra Chaudhary, resident of village Khojachak, Purandarpur, Ekangasarai police station states that on Thursday, May 31, 2018, at 4:00 am, his mother Ramrati Devi, went to the western courtyard of the house to take out the buffalo and saw his father Bindu Chaudhary, groaning in pain. Hearing his groans, his mother began shouting. Upon hearing her cries, Jitendra Chaudhary came out of the house and saw his father covered in blood. Meanwhile, he saw some people, running from the north side of the house. He turned on his torch and saw that the fleeing individuals were accused Ajay Chaudhary, Sunaina Devi and Asha Devi. The prosecution claims that these three individuals murdered the informant's father, Bindu Chaudhary, by slitting his throat with a sharp weapon. The prosecution states that the reason for the incident was land dispute and the informant alleges that the accused wanted to usurp his family's property.

4. On the basis of written statement of the informant, Ekangarsarai P.S. Case No. 113 of 2018 was instituted under Sections 302/34 of Indian Penal Code and investigation was taken up by the police. The police after investigation submitted charge-sheet against Respondent Nos. 2 and 3 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.

5. During the trial, the prosecution examined altogether nine prosecution witnesses i.e. PW1- Ramrati Devi, PW2- Kaleshwar Chaudhary, PW3- Raju Chaudhary, PW4- Jagdish Chaudhary, PW5- Pappu Chaudhary, PW6- Gagan Chaudhary, PW7- Jitendra Chaudhary, PW8- Dr. Pramod Kumar Singh and PW9- Dinesh Kumar Malakar. The prosecution has also produced certain documents which were marked as 'Exhibits' i.e., Exhibit 1- the signature of PW 6 on the carbon copy of the death inquiry report, Exhibit 2- written application, Exhibit 3- the signature of PW 7, Exhibit 4- Hand writing and signature of the post-mortem report, Exhibit 5- report marked by the Station House Office on the written application, Exhibit 6- Signature of the Station House Officer on the formal FIR, Exhibit 7- death inquiry report and Exhibit 8- Handwriting and signature of the charge-sheet. The defence has also examined two witnesses viz. DW1 Saryug Chaudhary and DW2 Nageshwar Prasad. After closure of prosecution evidence, the statements of the accused persons were recorded under Section 313 Cr.P.C. and after conclusion of trial, learned trial Court has acquitted the accused persons.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMyOSMyMDIyIzEjTg==-ym4SLm4l8s8=

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