RAKESH Vs. SHANKAR LAL AND OTHERS

JUDGEMENT

(1.) Accused persons Shankar Lal, Om Prakash and Smt. Munni Devi were tried for the offence punishable under Section 436 IPC and were acquitted by the learned Additional Sessions Judge, Kashipur, vide judgment and order dated 10.01.2008. Aggrieved against the impugned judgment and order, present Criminal Revision was preferred by the complainant Rakesh.

(2.) The allegation against the accused persons, in a nutshell, was that on 25.11.2005, at 9:00 p.m., accused persons, set the shed (chhappar) of the informant Rakesh on fire. The incident allegedly took place in village Sanyasiwala, within the jurisdiction of PS Jaspur, District Udham Singh Nagar. It was alleged that the accused persons also caused financial loss to the informant Rakesh.

(3.) PW 1 Rakesh, PW 2 Mukesh, PW 3 Ram Prasad and PW 4 Gajendra Lal Bahuguna were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, the learned Court below acquitted the accused persons of the charge levelled against them.