STATE OF HIMACHAL PRADESH Vs. MANOHAR LAL

JUDGEMENT

(1.) THIS appeal is instituted by the State against the judgment dated 25.6.2008, of the learned Addl. Sessions Judge, Fast Track Court, Kullu, H.P., rendered in Sessions Trial No. 36 of 2007, whereby the respondent -accused (hereinafter referred to as the accused), who was charged with and tried for offence under Sections 436 & 506 IPC, has been acquitted.

(2.) THE case of the prosecution, in a nut shell, is that the complainant Het Ram is a resident of village Sar. He is retired teacher. On 30.8.2006, he was present in his house with his two wives. He went to bed at 10:00 PM. At about 1:00 AM (night), he came out of the house to urinate. He saw that his three storeyed house, locally known as 'PADACHHA' has been set on fire. The house was slate posh. He alongwith his wives raised alarm. The villagers also assembled on the spot. They tried to extinguish the fire. The fire could not be controlled and the house was reduced to ashes. He had stacked 22 sleepers and grass inside the house. He was put to loss to the tune of Rs. 80,000/ -. He suspected that his house was set on fire by the accused. The statement of the complainant Het Ram under Section 154 Cr.P.C. was recorded and on the basis of this statement, FIR was registered. The site plan of the occurrence was prepared. Ash and burnt pieces of wood were sent to FSL, Junga in a sealed parcel. The report of FSL, Junga was received. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) MR . Ashok Chaudhary, learned Addl. Advocate General has vehemently argued that the prosecution has proved its case against the accused. On the other hand, Mr. G.R. Palsra, Advocate, for the accused, has supported the judgment dated 25.6.2008 of the learned trial Court.