STATE OF M P Vs. BHAGWAN SINGH

JUDGEMENT

(1.) Heard on admission. The State has preferred the present application for grant of leave to appeal against the judgment dated 18.1.2013 passed by the learned Second Additional Sessions Judge, Raisen in S.T. No. 153/2012, whereby the respondent was acquitted from the charges of offence punishable under Sections 285, 435 of IPC.

(2.) The prosecution's case, in short, is that, on 15.4.2011, at about 10 a.m. in the morning, the respondent set the remains of his crops on fire and thereafter, he did not take care of that fire and therefore, the fire reached in the field of the complainant Preetam Singh (P.W. 1) and therefore, two plants of lemon and 2 trees of eucalyptus were burnt. Also, ten quintals of fodder of the complainant was burnt. Preetam Singh has lodged an FIR, Ex. P/1 at Police Station Salamatpur, District Raisen and after due investigation, a charge-sheet was filed.

(3.) After considering the submissions made by the learned Panel Lawyer, it appears that the prosecution examined as many as 3 witnesses namely Preetam Singh (P.W. 1), Govind Thakur (P.W. 2) and Sita Bai (P.W. 3). Govind is son of the complainant Preetam Singh, whereas Sita Bai is wife of Preetam Singh. No independent eye witness was examined. As per allegations made in the FIR, it is specifically mentioned that the respondent set fire in the remains of his crops in his field and therefore, there was no intention of the respondent to cause any loss to the complainant and therefore, it is difficult to say that offence punishable under Section 435 of IPC was made out against the respondent.