STATE OF C.G. Vs. MURARI PRASAD GUPTA

JUDGEMENT

(1.) Heard on admission.

(2.) In this acquittal appeal the appellant State has assailed the judgment of acquittal dated 13.12.2001 passed by the 2 nd Additional Sessions Judge, Ambikapur, District Sarguja (CG) in Sessions Trial No.188/93 acquitting the respondents herein of the charges under Sections 120B and 436/34 of the Indian Penal Code (for short 'the IPC').

(3.) As per prosecution case, on 20.4.1992 a written complaint (Ex.P-9) was lodged by complainant Inderchand Jain alleging in it that he is tenant in the shops owned by the accused persons from where he is doing the business of selling electric and crockeries items and an eviction dispute between them is pending in the Court. It is further alleged that in the night intervening 19th and 20th April, 1992 the accused persons set the shop of the complainant afire with the help of magnesium rod after passing the inflammable substance by making an orifice in the wall. On account of this fire incident, the complainant has suffered loss of about Rs.3,50,000/-. Based on this complaint, FIR (Ex.P-37) was registered under Section 436/34 of IPC against the accused persons. Immediately after the incident the personnel from the electricity department and that of municipal corporation reached on the spot and according to personnel of electricity department, the fire was not due to electric fault. Subsequently, the technical experts were called who after due examination opined vide Ex.P-3 that the fire incident could have taken place by use of certain chemicals. In the course of investigation, a hole was noticed in the wall and according to the prosecution, the said chemical could have been passed inside the shop from the said hole. Memorandum of accused Jagarnath was recorded vide Ex.P-6 in which he disclosed the names of other accused persons and also admitted that after passing the kerosene oil by making an orifice in the wall, the shop was put on fire with the help of magnesium rod. Certain articles were recovered from the spot vide Ex.P-4.