DIWAKAR MAHATO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) No one appears for the petitioner or the opposite parties.

(2.) We have perused the impugned judgment and materials available on record. This revision petition is preferred against the judgment of acquittal dated 08th August, 2006 passed in Sessions Trial No. 20 of 2004, by the court of Learned Sessions Judge, Seraikela-Kharsawan, whereunder accused/opposite parties have been acquitted of the charges for the offence under Section 436 read with 34 of the Indian Penal Code.

(3.) As per the case of the complainant, the incident is of 27. 05. 1998 in the evening when on return from the local hat at about 7. 30 P. M. , he saw burning fire of his house having one room with thatched roof on a portion of plot no. 2496 of R. S. Khata no. 214, village Deoltand and his wife and children were crying. Witnesses of the said case were trying to extinguish the fire and they half succeeded but the remaining half portion of the house was burnt. Articles kept inside as well as hen 15 in numbers had completely been burnt to ashes. His wife complained of the acts of the accused persons, who had come armed with deadly weapons to their Angan and put kerosene oil to set fire the house. Accused Majhila Mahato had sprinkled kerosene oil while Chhutu Ram Mahato had set fire in the house. Since the police station was 15 KM away, he informed the police on the next day, but till 31. 05. 1998 they did not come to investigate the matter. As such on 01. 06. 1998, he filed a complaint case before the learned Court. He further stated that the accused persons have got no right, title and interest nor possession over the aforesaid house of the complainant.