THE STATE OF KARNATAKA Vs. RANGASWAMY

JUDGEMENT

(1.) The judgment and order of acquittal dated 31.10.2011 passed by the Principal Sessions Judge, Tumkur in Sessions Case No.43/2009 is appealed by the State.

(2.) The case of the prosecution in brief is that, at about 12.30 p.m. on 09.11.2008, when the first informant (PW.1) and his wife were attending to the agricultural work in their agricultural field, the friend of PW.1 Sri Thimmanna went and informed the first informant and his wife that the first informant's hut is put on fire; immediately, the first informant and his wife and some villagers ran to the spot and found that their hut was burnt; the fire was extinguished by fire brigade people; in the fire incident, house hold articles, food grains and cash of Rs.30,000/-, apart from gold ornaments were allegedly burnt. According to the first informant, he has sustained loss for a sum Rs.1,30,000/- in the said incident. The first informant having come to know that the accused Rangaswamy was standing behind his hut prior to the incident, suspected the role of the accused in the said incident and lodged the first information at 8.15 p.m. on 10.11.2008, before the Sub- Inspector of Police, Pattanayakanahalli Police Station, Sira Taluk, Tumkur as per Ex.P1. The first information report (Ex.P5) reached the jurisdictional Magistrate at about 2.00 p.m. on 11.11.2008. PW.11-Sub-Inspector of Police completed the investigation and laid the charge sheet against the sole accused.

(3.) In order to prove the case, the prosecution in all examined 11 witnesses and got marked 6 exhibits and one material object. On behalf of the defence, witnesses are not examined and documents were not marked. The Court below on evaluation of the material available on record acquitted the accused for the aforementioned offences.