DHARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Criminal Revision is instituted against the judgment rendered by the learned Addl. Sessions Judge, Ghumarwin, Distt. Bilaspur, H.P., in Sessions Trial No. 26/7 of 2004/2003, dated 25.11.2004, whereby respondent No. 2 (hereinafter referred to as the accused), who was charged with and tried for offence under Section 436 IPC, has been acquitted. The case of the prosecution, in a nut shell, is that on 26.11.2002 at about 8:45 AM, Smt. Jai Dei (PW-1), resident of Ropa Ghulater, went to her cowshed. She saw the accused standing at the door of the cowshed of Dharam Singh. There was fire inside the cowshed. In the meantime, Smt. Banti Devi, wife of Sadda Ram, came there and started extinguishing the fire. Smt. Jai Dei raised an alarm and called the co-villagers for help. The villagers came on the spot. They extinguished the fire. The petitioner Dharam Singh was employed at Shimla. He informed the police at Police Station, Ghumarwin on telephone that his cow shed has been set on fire at Ghumarwin. The police went to the spot. The statement of PW-1 Jai Dei was recorded vide Ext. PA under Section 154 Cr.P.C. FIR Ext. PW-8/A was registered under Section 436 IPC. The police investigated the matter and challan was put up after completing all the codal formalities.

(2.) The prosecution has examined as many as 10 witnesses to prove its case. The statement of the accused under Section 313 Cr.P.C. was recorded. The accused has denied the case of the prosecution. The learned Addl. Sessions Judge, Ghumarwin, on 25.11.2004 acquitted the accused, hence this revision petition.

(3.) I have heard learned Counsel for both the sides and gone through the judgment and record very carefully.