MUNNI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has filed instant petition for setting aside the successive order dated 18.04.2001 passed by Sri Gajendra Prasad, the then Judicial Magistrate, 1st Class, Muzaffarpur in Trial No.170 of 2001 arising out of Kanti P.S. Case No.1/96, order dated 18.6.2001 whereby and where under Criminal Revision No.119 of 2001 has been dismissed by the learned Sessions Judge, as well as order dated 12.7.2001 passed by learned Sessions Judge in Cr. Revision No.144 of 2001.

(2.) HEARD learned counsel for the petitioner as well as learned counsel for the State. In spite of notice issued against O.P. No.2, they failed to appear. Petitioner Munni Devi gave her fardbeyan on 29.12.1995 disclosing therein that she has got land dispute with her co-villager and in the aforesaid background, on 27.12.1995 at about 11.30 A.M. Radha Mohan Shahi, Nawal Kishore Shahi, Brij Kishore Shahi, Ravindra Shahi, Bashsth Shahi, Raj Kishore Shahi, Vijay Kumar Shahi came over the land and began to plough with tractor the land which happens to be attached in a proceeding under Section 145 of the Cr.P.C. Her husband has gone to protest over which on an order of Radha Mohan Shahi, Bashsth Shahi fired causing injury over his left hand. Raj Kishore Shahi assaulted him with lathi. When she intervened, Nawal Kishore Shahi assaulted her with Lukari on account of which her cloth and hand burnt. Brij Kishore Shahi assaulted her with farsa while Ravindra Shahi assaulted her with lathi. As a result of which she became unconscious. Then thereafter she was lifted to S.K.M.C.H. On the basis thereof Kanti P.S. Case No.1 of 1996 was registered under Section 147, 148, 149, 324, 325 of the I.P.C. and after concluding investigation charge sheet was submitted under Section 341, 323, 325, 341 of the I.P.C. against four accused Radha Mohan Shahi, Raj Kishore Shahi, Ravindra Shahi, Nawal Kishore Shahi, Brij Kishore Shahi while exonerating Bashsth Shahi, Vijay Kumar Shahi (O.P. second party) whereupon cognizance was taken and trial proceeded.