STATE OF MAHARASHTRA Vs. BALU SAHEBRAO MANE

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the II Additional Sessions Judge, Sangli in Sessions Case No. 131/2002 dated 15th October, 2003, whereby respondent herein (Original Accused) was acquitted of the charges for committing offences punishable under Sections 436 and 429 of the IPC (for short "IPC"), the present Criminal Appeal is preferred by the Appellant - State of Maharashtra.

(2.) Heard learned APP, Mr V.B. Konde - Deshmukh, for the Appellant - State and Ms. Shraddha Pawar for the Respondent.

(3.) The case of the prosecution can be summarized as follows: It is the case of the prosecution that Akaram Dnyanu Madane (PW 1) was residing with his wife, daughters, son-in-laws and grand children in his farm house at village Kanarwadi. One Balu Salunkhe is also residing in the vicinity and the accused - Balu Mane is his nephew and he is staying with said Balu Salunkhe. As Akaram (PW 1) was facing some financial difficulties he had borrowed an amount of Rs. 1,000/- from accused - Balu Mane. Akaram (PW 1) repaid an amount of Rs. 800/- to accused Balu and there was a demand from accused for repayment of remaining amount of Rs. 200/-. On two occasions such demand was raised and Akaram (PW 1) expressed his inability due to shortage of funds. On 26.06.2001 at about 07.00 pm accused Balu reached the house of Akaram (PW 1) and demanded the amount of Rs. 200/-, at that time also Akaram (PW 1) expressed his inability as he was not having Rs. 200/- with him so he told accused that he would repay the amount after sometime. Accused was enraged on the denial of Akaram (PW 1) and left the house by giving threats and by uttering words that he would recover his amount. After sometime Akaram (PW 1) and his family members took dinner and went to sleep. In the late hours i.e. at about 02.00 in the night daughter of Akaram (PW 1) Jagubai (PW 2) was shouting and due to her shouts Akaram (PW 1) woke up and came out of his house. He saw that the roof of residential house of his daughter Jagubai (PW 2) was set on fire. In the light of fire he could see accused Balu and one unknown person running away from the spot towards western side. People from the vicinity gathered on the spot. Till that time the neighbouring field house of Martand Patole and Bhagvan Madane also caught fire. The fire resulted not only destroying property but also resulted in death of two she-buffaloes of Akaram (PW 1) and 7 she-goats of his daughter Jagubai (PW 2). Certain domestic luggage were kept their was also burned. Akaram (PW 1) thus suffered loss to the extent of Rs. 45,000/-.