STATE OF M P Vs. PYARELAL

JUDGEMENT

(1.) THIS is a petition filed under section 378(3), CrPC for grant of leave to appeal against the impugned judgment of acquittal dated 2.7.1998 passed by Sessions Judge, Damoh in S.T. No. 60/98, whereby respondents accused persons Pyarelal and Bhuri Bai were acquitted of the charges under Sections 457 and 436, IPC.

(2.) POLICE Hata, District Damoh, charge sheeted accused persons Pyarelal and Bhuri Bai for the alleged commission of the offences punishable under sections 457 and 436, IPC. The accused persons were alleged to have set the house of complainant Ramchandi on fire in the intervening night of 11/12.1.1998.

(3.) THE trial Court, on a close scrutiny of the evidence led by the prosecution at the trial, arrived at the conclusion that the evidence of sole eye witness (PW 2) Shanku suffered from serious infirmities and therefore, could not be acted upon. As there was no other legal evidence against the accused persons, the trial Court recorded the impugned judgment of their acquittal of the charges under Sections 457 and 436 IPC.