C.A.V. JUDGMENT

Date : 04-12-2025

1. Heard learned counsel for the parties.

2. The instant revision application is directed against the judgment dated 21.07.2018 passed by learned Sessions Judge, East Champaran, Motihari in Criminal Appeal No. 39 of 2017, wherein the learned Sessions Judge dismissed the appeal filed by the petitioner against the judgment dated 19.04.2017 passed by learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka (hereinafter referred to as “Trial Court”) in Trial No. 1430 of 2017 arising out of Complaint Case No. 561C of 2010, whereby and whereunder the learned Trial Court acquitted the accused persons (O.P. Nos. 2&3) from the charges under Section 323 , 447, 427, 380, 341 and 34 of the Indian Penal Code, 1860 .

3. The brief facts of the case as it emerges from the record are that a complaint petition was filed by the petitioner- complainant alleging that on 01.07.2010 at about 7:00 A.M., three named accused persons, namely Amar Jha (O.P. No.2), Vimla Devi (O.P. No.3), and Ramdeo Jha (since deceased) accompanied by their alleged Maoist associates armed with Khanti and Hathaura, forcibly entered the petitioner’s house and commenced demolishing the dwelling