YADU SAKHARAM GITTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The respondent No. 2 was convicted of the offence punishable under section 435 of the Indian Penal Code (for short "ipc") and was sentenced to suffer RI for six months and to pay a fine of Rs. 3,000/-, in default, to suffer RI for three moths.

(2.) The matter was carried in appeal. Learned 5th Additional Sessions judge, Beed, allowed Criminal Appeal No. 37/1997 by his order dated 11-9-1998 thereby acquitting the respondent No. 2. This order has been impugned in the present petition.

(3.) Facts in nutshell are that, petitioner is the owner of field known as chinchawada, at Pangulgavan (Jan-Vanjari). On 31-3-1994, the petitioner went to the field and was sleeping near the heap of fodder. At about 11. 00 p. m. , the respondent No. 2, his son-Babasaheb and Maruti Genya Gitte set ablaze the heap of the fodder and ran away. The petitioner, thus, lodged report (Exh. 30) , on the basis of which, the respondent No. 2 to 4 came to be prosecuted for offence punishable under section 435 of the Indian Penal Code.