STATE OF J&K Vs. HARSH WARDHAN

JUDGEMENT

(1.) This application seeking leave to file an appeal is against order dated 29.07.2013 passed by the learned Principal Sessions Judge, Jammu.

(2.) The charges against the accused are that the accused-Harsh Wardhan alias Bitu was charged under sections 436/447/427 RPC. The Sessions Judge dismissed the challan and acquitted the accused on the ground that complainant was not in possession of land measuring 25 Kanal 7 Marla under Khasra No. 961 at Village Chinore.

(3.) The allegation against the accused was that he set on fire thatched hut which the complainant alleged to have constructed. The occurrence is alleged to have taken place on 11.08.2003. the trial court relying on the statement of Patwari-Raj Kumar who was summoned by the court under Section 540 and PW's Sawal Singh, Yeshpal Singh and Arjun Singh and report of the Patwari's EXP-YP held that the disputed land was in possession of the accused, acquitted him. It is a case in which the Investigating Officer should have examined the revenue record during the investigation. It is unfortunate that this requirement was ignore by the Investigating Officer as well as the Superintendent of Police, who was monitoring the investigation.