STATE OF H.P. Vs. RAJ KUMAR

JUDGEMENT

(1.) This appeal has been instituted at the instance of the State against the judgment dated 8.7.2015, rendered by the learned Sessions Judge (Forests), Shimla, H.P. in Sessions Trial RBT No. 23-S/7 of 2015/14, whereby the respondent-accused, who was charged with and tried for offences punishable under Sections 435 and 436 Penal Code has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 1.6.2013 at about 6:00 AM, PW-1 Khem Chand left to Seri village. His wife also came to village Seri after sending children to the school. At about 1:15 PM, Bimla, wife of Jagat Ram telephonically informed that a fire has broken out in his house. He along with other family members came to village Makdog on foot. He noticed that outside his house at a distance of 40 meters, two stacks of fuel wood were burnt and smoke was coming out from inside his house. When he opened the lock of the door, he noticed that the door was bolted from inside. He came to the back side of his house. The window of the middle room was completely burnt. Godrej Almirah was also on fire. The fire was extinguished. He found household articles lying scattered in burnt condition. He suspected that accused Raj Kumar was responsible for the same. A civil litigation was already pending with the accused. The police recorded the statement of PW-1 Hukam Chand under Sec. 154 Cr.P.C, vide Ext. PW-1/A. It was sent to Police Station Boileauganj and FIR Ext. PW-7/A was registered. The police visited the spot. The photographs were clicked. The investigation was completed and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution has examined as many as 15 witnesses to prove its case. The accused was also examined under Sec. 313 Crimial P.C. He denied the prosecution case. The learned Trial Court acquitted the accused, as noticed herein above. Hence, the present appeal.