MUNNA Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal under Sec. 372 of Criminal Procedure Code, 1973 (in short 'Cr.P.C.'), has been instituted by the appellant against the judgment and order dtd. 3/11/2018 passed by IVth Addl. Sessions Judge, District Hamirpur, passed in S.T. No. 1 of 2009, arising out of Case Crime no. 672 of 2008, under Ss. 436, 120-B IPC, Police Station- Khanna, District Hamirpur, whereby learned trial court has acquitted the accused persons, who are opposite parties nos. 2 to 8.

(2.) Briefly stated facts shorn off unnecessary details are that the first informant being the appellant Munna son of Late Bhagwan Deen is a resident of village Gyodi, P.S. Khanna, District Hamirpur. As per the prosecution case, on 10/10/2008, one Rajesh Dubey, accused respondent no.7, Ashok Dubey- accused respondent no.8, Chhuttan Singh, accused-respondent no.6, Udai Bhan Singh, accused - respondent no.5, Kishori Sahu, accused respondent no.2, Rajju Mali- accused-respondent no.3 and Babu Mali- accused respondent no.4 in connection with certain water dispute indulged in administering beating with the brother and family members of the informant, pursuant whereto the brothers of the informant sustained injuries and they were put to medication in the District Hospital, Hamirpur. Further it has been alleged that on 12/10/2008 at 9:30 hours in the night, the accused-respondent Kishori, Rajju Mali and Babu Mali assembled in front of his house and consigned the house to flames. Pursuant whereto enormous damage occasioned. As per the prosecution version, so contained in the FIR after a period of two days, the nephews of the informant being Vivek and Pappu gave the information regarding putting the house on flames by the aforesaid three accused as named hereinabove. Accordingly, the informant came back to his house, as he was out-stationed and straightway went to the site of occurrence and on the same day, he reported the matter to the police station Khanna, District Hamirpur and accordingly, the FIR purported to be under Sec. 436 IPC read with Sec. 7 of the Criminal Law Amendment Act was sought to be lodged being Case Crime no. 672 of 2008. The FIR in question was lodged on 13/10/2008 at 18:50 hours. The FIR was lodged against Kishori Sahu (accused-opposite party no.2), Rajju Mali (accused-opposite party no.3) and Babu Mali (accused opposite party no.4).

(3.) Consequent to the lodging of the FIR, investigation was put to motion and investigating officer was nominated who went to the site of occurrence prepared site plan and recorded under Sec. 161 CrPC. A charge sheet was submitted by the Investigating Officer against the accused- respondents herein purported to be under Ss. 436, 120- B IPC read with Sec. 7 Criminal Law Amendment Act. The matter was committed to the Court of Sessions. The accused pleaded innocent and not guilty.