RAJENDRA PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE complainant-informant petitioner has preferred this revision application against the judgment dated 6th February 2002 passed by learned Additional Court I, FTC, Begusarai in Sessions Trial No. 190 of 1990 by which the accused opposite party nos. 2 to 4 Patna High Court CR. REV. No.286 of 2002 dt.30-08-2011 have been acquitted for the offence punishable under Section 436/34 I.P.C.

(2.) THE prosecution case, in brief, is that on 26.4.1989 in the night the complainant Rajendra Pathak was sleeping in his line hotel. He woke up to urinate at about 1 a.m. in the night and heard whispering sound of some person. He asked Bishundeo Pathak and Suraj Sah to look in the back side whereafter he heard the crying of Bishundeo Pathak. THEreafter, he saw accused Kishundeo Singh igniting the matches and lighting fire to the heap of Khar of the informant. THE complainant and two others started raising alarm on which the accused persons threw the Khar on his hotel. THE hotel was burnt to ashes, which was seen by the witnesses. As a result of which, the complainant sustained a loss of Rs.20,000/-.

(3.) AFTER hearing learned counsel for both the parties and on perusal of the material on record, it appears that the contention of the learned counsel for accused opposite party nos. 2 to 4 is correct. Learned trial Court has considered the evidence adduced on behalf of the prosecution and has found that the evidence of the prosecution is not fit to be relied upon. There is no adverse finding.