ANANDA CHANDRA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been preferred by Ananda Chandra Nayak, informant in Sessions Trial Case No. 103/4 of 1993, challenging the order passed by the Assistant Sessions Judge, Jaipur acquitting the accused-opp. party No. 2 of the offence under Section 436 I.P.C.

(2.) The prosecution allegation as set out in the impugned judgement is that on 8-1-1992 at 11.00 P.M. the opp. party No. 2 on account of previous enmity, set fire to the house of the petitioner, as a result the entire house including the movables were gutted by fire. The petitioner seeing the fire on the thatch apprehended the opp. party No. 2 at the spot and produced him in the Police Station. He then lodged F.I.R. whereupon the Officer-in-Charge of Jaipur Police Station (PW-6) registered a case and after usual investigation laid Charge Sheet against the opp. Party No. 2 to stand his trial under Section 436 I.P.C.

(3.) The plea of the accused was that the petitioner and others had severely beaten him for which his wife reported to the police and in order to screen himself and his associates from the offence, the petitioner has foisted this false case against him.