SANJU NAMA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an appeal under proviso to Section 372 of Cr.P.C., directed against judgment and order of acquittal dated 26.03.2012, passed by learned Addl. Sessions Judge, Belonia, South Tripura, in Sessions Trial case No. 01(ST/B)/2012. Learned Addl. Sessions Judge acquitted the accused respondent No. 2, Sri Sibu Malakar from the charge framed against him under Section 436 of IPC and hence the informant -victim, Smt. Sanju Nama filed the present appeal challenging the judgment and order of acquittal.

(2.) PROSECUTION case is that Smt. Sanju Nama, the appellant herein, lodged an FIR in writing before O/C Baikhora P.S. on 17.11.2011 at about 12.15 pm alleging that on 15.11.2011 at about 11.00 pm, accused Sibu Malakar was found standing nearby a light post, a little away from her house, by her son Biswajit and after sometime the said Sibu Malakar set fire to her kitchen room and as a result the kitchen room was gutted. They chased the accused and on their cry neighbourers also came and the kitchen house was completely gutted.

(3.) IT may be mentioned here that the State did not prefer any appeal against the order of acquittal and hence the informant -victim filed the appeal under proviso to Section 372 of Cr.P.C..