STATE OF HIMACHAL PRADESH Vs. MANJIT SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Sessions Judge, Fast Track Court, Shimla, dated 18.9.2004, vide which he acquitted the respondent of the charge framed against him under Section 436 I.P.C.

(2.) Briefly stated, the facts of the case are that on 4.10.1996, at 9.30 p.m., a telephonic message was received on V.H.F. set from one Suman, resident of Hari Nagar, Boileaugang that one Sardar, resident of Hari Nagar, Boileaugang, has set his house on fire. On this information, a Police Officer went to the spot and recorded the statement of PW Madan Lal presumably under Section 154 Cr.P.C. In the said statement, the complainant alleged that in the building there are 12 tenants including him and the accused. The accused was living alone, since his family members had left him, as he was addicted to drinking. It was alleged that the accused quarrels with him and his wife without any reason and makes false allegations against his wife. It was alleged that today at 8.45 p.m., he was present in his quarter and the accused came there under the influence of liquor and raised voice Anita come out, you are my Chand . He came out of his quarter and found the accused standing there and asked him not to use filthy words against his wife. On this, the accused started arguing with him and the residents of other quarters gathered there and they advised the accused, but he did not stop. The accused went inside the building, threw kerosene oil and lit fire from the matchbox. The clothes lying in the room got fire. He and other persons standing there went inside, tried to extinguish the fire and meanwhile, the accused proclaimed that he will set the whole building on fire. On this report, a case was registered and after investigation, the challan was filed before the Court of learned Additional Chief Judicial Magistrate, Shimla, who committed the case to the Court of learned Sessions Judge, Shimla, who assigned the case to the Court of learned Additional Sessions judge, Shimla, who tried the respondent as detailed above, leading to his acquittal.

(3.) We have heard the learned counsel for the parties and have gone through the record of the case.