JAGABANDHU BEHERA Vs. DINABANDHU KABI

JUDGEMENT

(1.) The informant in C. R. Case No. 254 of 1988 is the petitioner in this criminal revision. On the FIR having been lodged by him stating that at 9 p.m. on 12-3-88 the accused persons had set fire to his shop situated on the National High Way near village Asura which resulted in burning of the shop, a police case was registered on the FIR. The case was forwarded to the court and was registered as G.R. case No. 254 of 1988. On commitment it was tried by the Addl. Sessions Judge, Bhadrak in S.T. No. 10/5 of 1989. The motive as indicated by the informant is that the accused persons, out of a village quarrel were inimical towards him and ultimately caused the shop to be burnt by setting fire to it. The accused persons were tried after being charge sheeted under S. 436, IPC.

(2.) The prosecution had examined 7 witnesses out of which P.W. 1 is the informant himself, P.W. 2 is a person of a nearby village who was a post-occurrence witness and had seen the shop room burning who came there after hearing the hullah. P.W. 3 is a resident of village Jhutanga, a nearby village who came to see the burning of the shop only after hearing hullah. The Sub-Inspector of police who started the investigation was examined as P.W. 4 and the S.I. of police who completed the investigation was examined as P.W. 7. P.Ws. 5 and 6 are villagers of Asura who are said to be the only eye-witnesses. According to the prosecution, these two witnesses had seen the accused persons setting fire to the shop room at the material time. The accused persons denied the occurrence, but examined no witnesses from their side in their defence.

(3.) Since the State did not choose to prefer appeal against the order of acquittal, the informant whose shop was alleged to have been burnt preferred this revision with a prayer that the order of acquittal be set aside and the case be remanded back to the trial court for rehearing of the case. The grounds which are urged by the learned counsel for the petitioner are :