NITU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 23-2-2005 passed by the learned Addl. Sessions judge, North Tripura, Dharmanagar in criminal Appeal No. 24 (4)/2004 convicting and sentencing the petitioners to suffer 2 (two) years rigorous imprisonment and to pay a fine of Rs. 2,000/- (Rupees two thousand) each and in default thereof to suffer rigorous imprisonment for further three months under Section 436 read with Section 34 of IPC.

(2.) HEARD Mr. S. Kar Bhowmik, learned counsel appearing for the petitioners and Mr. R. C. Debnath, learned in-charge Public proscutor appearing on behalf of the State-respondent.

(3.) FACTS leading to this revision petition are that one Sri Dilip Kumar Saha lodged a written report on 3-2-2004 at 13. 45 hours with the O/c, Churaibari police station stating that on 3-2-2004 at about 3. 30 o'clock when he was suddenly woke up by his wife from sleep, his huts were found burning by fire, they could not open and come out from inside the hut as the door was found closed from outside. On his coming out from the hut he saw that his dwelling hut, hotel and another hut were burning by fire. On hearing the alarm raised by them, people from the neighbour came and tried to extinguish the fire and after some time Fire Service also came. All the huts including their wearing apparels and other belongings were completely turned into ash by fire. On 2-2-2004 in the evening the petitioners along with Dhirendra Das quarrelled with his wife and tenant over a previous enmity, they stated that they would make them leave Churaibari before 12. 00 O'clock of the next day. He suspecting that the accused persons set his huts on fire. Pursuant to the said report, a police case being FIR No. 6/2004 of Churaibari police station under Sections 436/307/34 of Indian penal Code was registered against the petitioners and Dhirendra Das and after investigation, police submitted the charge sheet against four accused persons.