GULAB RANI Vs. BABBU ALIAS BABU LAL

JUDGEMENT

(1.) This revision at the instance of complainant in a police case is against the order of acquittal of the accused respondent No. 1, for commission of alleged offence under section 435 of the Indian Penal Code.

(2.) According to the complainantTs case at about 12.00 in the mid-night intervening 17th and 18th March 1988, the accused went to the field of the complainant and set on fire the bullock cart loaded with his crops. It is stated that at the time of the incident, complainant Gulab Rani (P.W. 1) and her father-in-law Bhagoni (P.W. 2) were present. The trial Court placing reliance on the testimony of Gulabrani (P.W. 1) and Bhagoni (P.W. 2) convicted the accused and sentenced him to one Years rigorous imprisonment and fine of Rs. 5,00/-. The appeal court, however, acquitted the accused, holding that the first version in the First Information Report does not support the case of the complainant and her witnesses before the court. It was also held by the appeal court that the conduct of the alleged eye witnesses at the time of the incident, does not show that they had seen the accused setting rue to the bullock cart and running away from the place of incident.

(3.) The learned counsel appearing for the complainant in this revision made strenuous effort to persuade this Court to interfere in revision and send the matter by remand to the appeal court for a fresh decision. It is urged that the testimony of Bhagoni (P.W. 2) was totally overlooked. It is also argued that the conduct of the complainant and Bhagoni (P.W. 2) who saw the incident cannot be said to be unnatural. The criticism is that the appeal Court wrongly acquitted the accused holding that the complainant party did not raise any hue and cry after seeing the accused setting fire to the bullock cart and loaded with crops.