S.P. SHIVARAJU Vs. BASAVARAJU

JUDGEMENT

(1.) The Judgment and Order of acquittal dated 12.10.2010 passed by the Prl. Sessions Judge, Mandya in S.C. No.40/2010 is called in question in this appeal filed by the original complainant. The accused/respondens were tried and acquitted for the offence under Section 436 read with 34 of IPC.

(2.) Case of the prosecution in brief is that the accused, at an earlier point of time had cut the branches of mango trees which are standing in the public area of the village; on the request of village elders, the complainant had drafted the complaint against the accused and lodged the same before the jurisdictional Tahsildar; being enraged by that, the accused set fire to the petty shop of the complainant at 1.30 a.m. on 7.7.2005; the petty shop is situated in the village; the incident is witnessed by PWs.2 and 7 at about 1.30 a.m.; due to the fire in the shop, the complainant has suffered loss to the tune of Rs.75,000/-; the complaint dated 7.7.2005 as per Ex.P1 came to be lodged by PW.1 at 3.30 p.m. on 7.7.2005 before the Kikkeri Police Station, which came to be registered by then Police Inspector PW.4. The Police after investigation laid the charge sheet.

(3.) Sri Nanje Gowda, learned advocate for the appellant taking us through the material on record submits that the entire approach of the trial Court while coming to the conclusion is erroneous; the trial Court has not appreciated the material on record in proper perspective; the approach of the trial Court is too technical inasmuch as the evidence of the eye-witnesses PWs.2 and 7 is wrongly disbelieved; that the ample material on record would clearly reveal the complicity of the accused in the crime.