KRANTI DEVI Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The informant petitioner has preferred this revision application against the judgment and order dated 23.05.2008 passed by the learned Additional Sessions Judge, F.T.C.II, Gaya in S.T.No.350/2006 arising out of Tikari P.S. Case No.159/2004 by which the accused opposite party nos. 2 to 6 have been acquitted for the charges under Sections 147, 148, 149, 341, 342 and 302 of the I.P.C.

(2.) The prosecution case, in brief, is that on 29.11.2004 at about 8.00 P.M., the accused persons including the opposite party nos. 2 to 6 armed with various weapons came to the house of the informant abused and took away her husband Brahamdeo Yadav (deceased) and threatened the family members not to come out from their house and Brahmdeo Yadav was taken towards the house of Krishna Yadav. In the morning, when the informant went near the house of the Krishna Yadav, her husband was found dead having several wounds. The reason for the occurrence is there is litigation between the deceased and the accused. After the investigation, charge-sheet was submitted against the accused. The case was committed to the court of sessions. Charges were framed on 10.08.2007. After the trial, the accused were acquitted vide the impugned order.

(3.) The main grievance of the learned counsel for the petitioner is that it appears that charges were framed against the accused on 10.08.2007. The order was passed to issue summons to the witnesses and the notices were also issued on 17.08.2007, but the petitioner did not get the summons/notice for evidence and without examining any material witnesses, the evidence has been closed. Only P.W.1 Murari Prasad has been examined, who is formal witness and has proved the signature of S.I. Ram Rup Das.