STATE OF UTTARAKHAND Vs. KAMAL SINGH S/O GAINA SINGH R/O PALKOT; JYOTI S/O BHANA; SABLA S/O MATU R/O MATHKHANI

JUDGEMENT

(1.) This appeal, preferred u/s 378 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 14.02.2008 passed by learned Sessions Judge, Tehri Garhwal in Sessions Trial No.3 of 2006, whereby the said Court has acquitted the accused/respondents, namely, Kamal Singh, Jyoti and Sabla, from the charge of offence punishable u/s 436 r/w Section 34 of the Indian Penal Code.

(2.) Heard learned counsel for the parties.

(3.) Prosecution story, in brief, is that P.W.1 Kunwar Singh (complainant) R/o village Kaflong, used to run a sweet shop in Lamridhar, within the limits of Patti Patwari Circle Khandogi, Tehsil Jakhnidhar, District Tehri Garhwal. He left his shop on 6.2.2005 at 7:30 P.M. after closing the same. However, when he came next morning at 6 A.M., he found that the articles kept inside his shop were burnt, a shop adjacent to his shop was also found to have caught fire but the shop of accused Kamal Singh had suffered no loss. Complainant Kamal Singh (PW1) on 9.2.2005, i.e. after three days, lodged the F.I.R. (Ex.A.1) with Patti Patwari of the area, on the basis of which crime no.5 of 2005 was registered by Patwari Khandogi, relating to offences punishable under Sections 120-B and 436 I.P.C., against accused Kamal Singh, Jyoti and Sabla. (In certain hilly areas of State of Uttarakhand, revenue officials are given police powers). Investigation was conducted by PW5 Sunil Thapliyal, the then Patwari of the area. In the F.I.R., the complainant has alleged that he suffered a loss of Rs.1.20 lakh as his refrigerator, colour television, chair, table and sweets etc. got destroyed. Complainant suspected that accused Kamal Singh, Jyoti and Sabla had earlier threatened him that if he did not leave the place, his shop would be destroyed. After interrogating the witnesses and inspecting the spot, the Investigating Officer submitted chargesheet (Ex.A-5) against three accused, namely, Kamal Singh, Jyoti and Sabla for their trial in respect of offences punishable us/ 120-B/436 IPC.