BHARAT SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BECAUSE of the fact that none of the parties got represented on the specified date, therefore with the assistance of learned Additional Public Prosecutor the matter has been gone through.

(2.) ALTHOUGH , from plain reading of Section 397 of the Cr.P.C. the revisional court is found competent enough to exercise revisional power suo motu to test the correctness, legality, propriety of the judgment. Section 403 gives another sort of liberty on this very score.

(3.) BHARAT Sao (PW -9) had lodged First Information Report on 03.01.1987 at Arrah Mufassil P.S. alleging inter alia that in the night of 03 -01 -1987 at about 01:30 AM dacoits raided his house and committed dacoity. During course thereof, he along with his family members have identified Opposite Party No.2 to 4 who are his co -villager having boxes on their heads as well as being armed with firearm. The villagers chased but as the miscreants have fired in retaliation on account thereof the villagers retreated and made safe escape to the dacoits.