HEMRAJ Vs. STAE OF M.P.

JUDGEMENT

(1.) Parties through their counsel. This common order shall govern disposal of M.Cr.C. No.26499/2017 & 6980/2018. Facts of M.Cr.C. No.6980/2018 are narrated hereunder.

(2.) The present application has been filed under Section 378(3) of the Cr.P.C. for grant of leave to appeal against the judgment dated 14.11.2017 passed by the learned Additional Sessions Judge, Manawar in Sessions Trial No.189/2016, whereby the learned Additional Sessions Judge has acquitted the respondents from the charges under Section 435 / 34 of the IPC.

(3.) The facts of the case reveal that on 14.05.2017, the complainant Hemraj Patidar s/o Parshuram Patidar has lodged a report at Police Station-Bakaner that the accused persons/respondents while burning the husk in their field have committed mischief, which has resulted in destruction of banana trees planted by the complainant in 10 bighas of land. It was further stated in the F.I.R. that in the adjoining field in order to destroy the husk, the accused persons have put the husk on fire and the fire, as it spreaded to the adjoining field, has resulted in loss to the complainant and in those circumstances an offence was registered under Section 435 / 34 of IPC at Crime No.294/2016.