STATE OF RAJASTHAN Vs. VISHAN SINGH

JUDGEMENT

(1.) Heard the learned Public Prosecutor for the State and the learned counsel for the respondent and perused the record.

(2.) The respondent-Vishan Singh was tried by the learned Sessions Judge, Balotra on charges under Sections 435 and 436, I.P.C. After trial the respondent was acquitted. The State has filed this appeal against the order of acquittal passed by the learned Sessions Judge, Balotra.

(3.) A first information report was lodged by Sona Ram at the Police Station, Samdari District Barmer on 19-1-1978 at 3.15 p.m. According to the first information report Lachharam and his family used to live in a hut which was constructed in the field which is alleged to be in possession of Lachharam. On the night intervening 16th and 17th January, 1978 one Jogla alias Jogaram son of Bhagwanaram Bheel was sleeping outside the hut, Lachharam and the members of his family were sleeping inside the hut. At about midnight when Jogla woke up and went towards rear side of the hut to ease himself he saw one man going towards rear side of the hut. At that time Jogla saw that the man he has seen going towards the hut, set fire to the hut and in the light of fire he recognised him as Vishan Singh. Thereafter Jogla raised an alarm and cried aloud to the effect that the hut of Lachharam was set to fire by Vishan Singh Rajput. One Sardar Singh rushed towards the place of occurrence on hearing the alarm raised by Jogla and at that time Vishan Singh fled away from the scene of occurrence. Jogla and others saved the lives of Lachharam and the members of his family by fetching them outside the burning hut. However, the goods and some cash which was placed in the hut were destroyed by fire. On the next morning the matter was reported to some villagers who came to the place of occurrence. On the basis of the report lodged by Sonaram the police registered a case under Sections 435 and 436, I.P.C. and after usual investigation submitted a report under Section 173, Cr.P.C. in the Court of Munsif and Judicial Magistrate, Balotra who committed the case to the Court of Session where the accused respondent was tried for the charges under Sections 435 and 436, I.P.C. and the trial resulted in acquittal.