BHAWANI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal, under proviso to Section 372 of the Code of Criminal Procedure, 1973, has been filed against the judgment and order, dated 08.02.2016, passed by learned 2nd Assistant Sessions Judge, Purnea, in Sessions Trial No. 70 of 1995 (CIS No. 4550 of 2013), arising out of Barhara P.S. Case No. 35 of 1989 (G.R. No. 341 of 1989), whereby he has recorded acquittal of respondent Nos. 2 to 8 herein. The said respondents were put on trial with the charges of commission of offences punishable under Sections 147, 148, 157, 158, 452, 380, 307, 323, 426, 427, 109, 411 and 435 of the Indian Penal Code and Section 27 of the Arms Act.

(2.) The appellant is the wife of the informant, who is said to have died during the pendency of the trial on 23.06.2010.

(3.) Briefly narrated, the case of the prosecution, as narrated by the informant in his fardbeyan, is that on the alleged date of occurrence, i.e., 02.03.1989, approximately at 7.30 A.M., the informant noticed from his house that in the cow-shed of one Dip Narayan Rai, 40 to 50 persons had assembled, who were armed variously. Said Dip Narayan Rai instigated others to ransack the informant's house and raze the entire house to ground.