ARUNA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The legal issue involved in these batch of revisional applications is as to whether the complainant / informant is to be treated as "victim" within the definition of Sec. 2(wa) Cr.P.C. If so, whether the petitioners should file appeal under the proviso to Sec. 372 of the Cr.P.C. or the Revisional Application under Sec. 397 Cr.P.C., read with Sec. 401 of the Code of Criminal Procedure, is maintainable under the facts and circumstances of the case.

(2.) Criminal Revision No. 133 of 2020 has been filed, assailing the legality, validity and propriety of the judgement, dated 11th of September, 2019, passed in Sessions Trial No. 1586 of 2011 by the learned Additional Sessions Judge, Vth Court at Patna City in G.R. No. 1174 of 2010, corresponding to Trial No. 1586 of 2011, whereby and whereunder, the learned Judge, vide his judgement, dated 11th of September, 2019, recorded an order of acquittal in favour of Opposite Party Nos. 2 to 5 in a case under Ss. 341, 342, 323, 324, 307, 506, 504 and 34 of the IPC.

(3.) The petitioner is the informant, who submitted a fradebyan before the S.H.O., Malsalami, Patna City Police Station, stating, inter alia, that her brother-in-law (elder brother of her husband) called her husband for amicable talk for partition of their house property. During such talk, the opposite parties caught hold of him, and Opposite Party Nos. 3 and 5 brought Chewaniya and Hasua. Opposite Party No. 5 gave a blow with the help of Chewaniya to Parmeshwari Prasad (husband of the de facto complainant). He was also hit by Chewaniya on his hand. As a result of such assault, Parmeshwari Prasad fell down. Hearing hue and cry, local people along with the informant, came to the spot. The opposite parties fled away. The husband of the informant was taken to the hospital and he was admitted to the hospital. Surgery was done on his chest and his wound was repaired by 30 stitches.