SMITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal has been filed under Sec. 372 of the Criminal Procedure Code against the judgement and order dtd. 16/9/2019 passed by the learned Sessions Judge Sheikhpura in Sessions Trial No. 118 of 2016 arising out of Mehus P.S. Case No. 03/2015 whereby the learned Sessions Judge has acquitted respondent nos. 2 to 5 of the offences punishable under Ss. 323/34 and 302/34 of the Indian Penal Code.

(3.) The informant (P.W.-5) who happened to be the brother of deceased is no more. Accordingly, the widow of the deceased has filed this appeal against acquittal of the accused persons (Respondent Nos. 2 to 5). The statutory right to file the appeal to the widow of the deceased flows from Sec. 2(wa) of the Criminal Procedure Code (Amendment) Act, 2008.