KARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed under Section 372 Cr.P.C. by the victim against the judgment dated 23.4.2013 passed by the learned Additional Sessions Judge, Bhiwani vide which accused Pawan Kumar was acquitted for an offence under Section 436 IPC. Alongwith the appeal an application under Section 482 Cr.P.C. read with Section 5 of the Limitation Act was filed for condoning the delay of 74 days in filing the appeal. We have heard the learned counsel for the appellant on merit and have also critically examined the judgment as well as the statements of the witnesses produced at the time of arguments.

(2.) IN nut shell, the allegations against the accused are that on 26.4.2011, he set the thatch (chappar) of complainant Bhateri onfire. Bhateri accordingly gave telephonic information to her son Karambir PW8, who lodged the FIR. It was alleged that a scuffle had taken place on 17.11.2010 and Pawan Kumar had received the injuries and in order to take revenge the thatch (chappar) was set on fire by the accused which attracts Section 436 IPC.

(3.) THE statement of PW7 Bhateri made before the trial court shows that according to her on 26.4.2011 she was washing clothes in the bathroom of her house. Accused Pawan Kumar was abusing her since morning. Accused made a Lalkara in loud voice stating that he would set on fire the house of Karambir. Bhateri came out of the bathroom and saw that Pawan Kumar was setting their house on fire with the help of matchbox. She made noise and cried for help to extinguish fire. The villagers were attracted to the spot and they extinguished the fire. She claimed that cattle were tied in the said house. No other eye witness was examined. No co -villager was examined to prove that they had infact extinguished the fire as claimed. According to the complainant Bhateri, her house was set on fire with the help of matchbox. It is doubtful that whether with a match -box without any other material, a house can be put on fire. Bhateri has not alleged that her cattle were tied under the said thatch (chappar). Therefore, there is uncorroborated statement of complainant Bhateri. Complainant was informed on telephone by his mother Bhateri. Section 436 IPC provides as under: