DRAUPADI KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Criminal Revision petition has been preferred by the petitioners against the impugned order dtd. 18/1/2020 , passed by learned Trial Court F.T.C-I, Siwan in Sessions Trial No. 122 of 2012, whereby the petitioners have been summoned under Sec. 319 Cr.PC. for facing the trial.

(2.) The prosecution case as emerging from the written report dtd. 4/4/2009 given by the informant to the Officer Incharge of G.B. Nagar, Police Station, Siwan, is that the accused Keshav Mishra, Devendra Mishra, Drauptai Kunwar and Anup Mishra set fire to the hut like house of the informant where he was shifting his household items after demolishing his old house. The house got burnt. At the time of burning of the house, his brother and son were present. Four new cycles, big boxes, hundred sacks of grains, paddy and wheat, sewing machine, pumping sets, thrasher and other items worth Rs.4.005 lacs got destroyed. The accused persons fled away after setting fire to his house.

(3.) On the basis of the written report, Barhariya P.S. Case No. 44 of 2009 was lodged on 5/4/2009 against four accused persons, namely, Keshav Mishra, Devendra Mishra, Drauptai Kunwar and Anup Mishra for offence punishable under Sec. 436 read with Sec. 34 of the Indian Penal Code. After investigation, charge-sheet was submitted only against one of the accused persons, namely, Keshav Mishra and the rest accused persons were exonerated by the police.