STATE OF ORISSA Vs. BHAGABAN DEHURY

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned Assistant Sessions Judge, Dhenkanal acquitting the Respondent of the charge under Section 436, I.P.C.

(2.) STATED in brief, the prosecution case was that on account of previous ill -feeling between Upendra Maharana (P.W. 5) and his daughter Pramila (P.W. 6), the Respondent at about 3 a.m. on 27 -1 -1980 set fire to their house, as a result of which it was completely burnt and house -hold articles, paddy and cash of Rs. 4,020/ - were destroyed. P.W. 5 lodged F.I.R. (Ext. 2/1) at the police out post at Kankadahad on 28 -1 -1980 at 5 p.m. whereupon investigation ensued and after close thereof, charge -sheet was submitted against the Respondent.

(3.) THE learned Assistant Sessions Judge on a thorough scrutiny of the prosecution evidence, particularly, those of P.Ws. 5 and 6 disbelieved the prosecution case and as already referred to above, acquitted the Respondent.