SRIRAM Vs. CHANDGIRAM & OTHERS

JUDGEMENT

(1.) Sriram Complainant has challenged the acquittal of the non-petitioners of the offence under section 436 Penal Code in a criminal case No. 10/92 instituted on a police report.

(2.) The brief facts are that the complainant-petitioner lodged a FIR (Ex.R 2) at police station Chirawa on 23.10.91 with the allegations that he has a rented shop at village-Sari, he resides at Sulthana and daily comes to his shop in the morning. During the night intervening 22.10.91 and 23.10.91 the non-petitioners/accused set the shop on fire as a result of which all his articles lying inside the shop burnt to ashes. On this report the police registered a case and started investigation. After investigation a challan was filed and the accused/non- petitioners were charged with an offence under section 436 IPC. After trial the learned Sessions Judge, on appreciation of the prosecution evidence, came to the conclusion that the accused was not seen by the complainant while committing the act of mischief of fire and the two witnesses namely Dharampal and Lichman Ram, who are alleged to have been witnessed the accused setting the shop on fire were not worthy of belief. He, therefore, recorded an order of acquittal.

(3.) I have heard the learned counsel for the parties. Learned counsel for the non-petitioners/accused at the very outset raised an objection that this revision petition at the instance of the complainant is not maintainable. It was a case instituted upon a police report. The revision has been filed by the complainant. The State does not appear to have filed an appeal against the acquittal. Such a revision, at the instance of a private person, is not maintainable. He relied on Kishan Swaroop Vs. Govt, of NCT of Delhi (1998 Cr.L.J. 1409) .