HALKE RAM Vs. STATE OF M.P

JUDGEMENT

(1.) AGGRIEVED by the judgment and order of acquittal dated 19.06.2010, the complainant/appellant has filed this appeal under Section 372 of Cr.P.C. against the respondent No.2 Gudda Maharaj @ Ramnarayan.

(2.) IT is not disputed that the complainant Halke Ram (PW -2) was residing in the hut owned by Bhole Singh (PW -4). Halke Ram (PW -2) is Bhataidar of Bhole Singh (PW -4). There has been several litigation between the accused Gudda Maharaj @ Ramnarayan and Bhole Singh (PW -4) with regard to certain agricultural lands. The accused Ramnarayan and his brothers filed a Civil Suit against Bhole Singh (PW -4) before the Civil Judge, Class II, Vidisha, in which accused Ramnarayan and his brothers were successful. Bhole Singh (PW -4) challenged the order of the Civil Judge by filing a Miscellaneous Appeal. Respondent No.2 accused has also admitted that he is having enmity with Bhole Singh (PW -4).

(3.) BRIEF facts just necessary for disposal of this appeal are that a Rojnamchasanha with regard to mischief by fire was lodged at 10.50 A.M. on 14.10.2009 at Police Station Gulabganj, district Vidisha. This report was lodged by Halke Ram (PW -2) stating that on 13.10.2009 at about 9.15 P.M suddenly his hut caught fire and adjacent to this hut, another hut in which the cattle were kept also caught fire. He along with other labourers extinguished the fire. A cow and calf burnt seriously. Other articles like motorcycle, clothes were also charred which were worth Rs.45,000/ -. Subsequently, Rekha (PW -3), the wife of the complainant Halke Ram (PW -2) disclosed to the Police that she saw the accused igniting the hut by dry grasses and bhoosa. After recording her statement, the offence was registered under Sections 436 and 429 of IPC.