SANJOY GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition, the petitioner has challenged the judgment dated 17.06.2008 passed by the learned Additional Sessions Judge, North Tripura, Kamalpur in Criminal Appeal No. 9 of 2007 whereby the learned Appellate Court partly allowed the appeal of the petitioners. Though he sustained the conviction of the petitioners under Section 435 of Indian Penal Code, he reduced the sentence from 3 years rigorous imprisonment to 1 year rigorous imprisonment on each of the appellants.

(2.) The prosecution case, briefly stated, is that on the night intervening 22/23.05.2006 at about 3.00 a.m. in the morning the house of the complainant Nripendra Deb (PW-1) was set on fire by the petitioner and two other accomplishes. The complainant filed a complaint on 09.06.2006 in Court alleging that such occurrence has taken place. This complaint was forwarded by the learned S.D.J.M., Kamalpur to the police station and on this basis FIR was lodged on 09.06.2006. In the original complaint, the complainant Nripendra Deb alleged that he had constructed a hut at No.2 Kalachari and on the day prior to the occurrence, the goats of the petitioner Sanjoy Ghosh had been let loose near his house and he had objected to the same and on this objection the accused had become very angry and at night he set his house on fire.

(3.) Admittedly, the complainant did not see who set his house on fire. The only reason why the complainant named the accused was that on the day prior to the incident he and the accused had a fight. He also states that later he was told by Sefali Debroy (PW-2) that she had seen the petitioner, Sanjoy Ghosh leaving the place of occurrence immediately after the occurrence had taken place. Since it is the statement of Sefali Debroy which has been relied upon by both the Courts below, reference to the same be made in detail.