MINA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and Mr. Parmeshwar Mehta, learned Additional PP for the State.

(2.) This appeal has been preferred for setting aside the judgment dtd. 30/5/2023 passed by learned Additional District and Sessions Judge, II, Nawada by which the respondent nos. 2 to 4 who were facing trial for the charges under Ss. 147, 148, 149 and 302 of the Indian Penal Code in Sessions Trial No. 01/2021 arising out of Nardiganj P.S. Case No. 192 of 2020 have been acquitted.

(3.) As per the prosecution case, Mina Devi (PW-4) submitted a written report before the concerned police officer that on 25/8/2020 at 08:00 A.M. (morning), her elder son Jitendra was returning to his village from Nardiganj market after buying cement. When he reached near the Bajrangabali temple, the co-villagers Mithilesh Chaudhary, Gorelal Chaudhary, Anil Chaudhary, Girani Chaudhary, Pradeep Chaudhary, Raushan Chaudhary, Ratan Chaudhary, Santosh Chaudhary and Gorelal Chaudhary assaulted her son with sword. Girani Chaudhary, Anil Chaudhary and Bhagirath Chaudhary assaulted her son with stick and iron rod. Her son was crying to save himself when she, her husband and one Mahendra Chaudhary came after hearing the cry of her son, they saw the incident with their own eyes but since the accused persons were in huge number, so out of fear the informant could not save her son.