THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.529 of 2006 15-12-2014 BETWEEN:
State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for The State of Telangana and the State of A.P., …..Appellant AND Jatavath Nagulu Naik And another.
…..Respondents/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.529 of 2006 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 02.08.2004 passed in S.C.No.711 of 2003 passed by the Assistant Sessions Judge, Gurajala, whereby the learned Judge acquitted the accused for the offence under Section 436 IPC.
The case of the prosecution is as follows:
That the accused herein set fire to the thatched houses of P.Ws.1 and 3, aggrieved over the dispute between the accused and P.W.1 regarding the auto accident. According to the case of prosecution, the occurrence took place on 31-12-2002 at about 3.00 am. On seeing fire, P.Ws.1 to 5 saw the accused running from the place of occurrence. Hence, they lodged a complaint against the accused. Basing on which, a case was registered against the accused for the offence under Section 436 IPC. After completion of the investigation, police filed charge sheet.
To prove the case of the prosecution, P.Ws.1 to 11 were examined and Exs.P.1 to P.5 were marked. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused on the following grounds.
P.Ws.1 to 7 are interrelated to each other. No independent witnesses supported the case of the prosecution. P.W.8 is the only independent witness who remained hostile and did not support the case of the prosecution. In view of the interested witnesses P.Ws.1 to 7 and non- production of any burnt brass vessels or brass bucket or any other material showing the thatched house of P.Ws.1 and 3 such a report given to village Assistant or village Secretary etc., and also non-proving of the very motive for commission, I am unable to convince with the case of the prosecution because P.Ws.1 to 5 who are the almost family members deposed that on 1.1.2003 at about 3.00 a.m. on observing the flames of their houses, they came out of their houses and found the accused running away from their houses, in the absence of any independent witnesses, it cannot be said that the prosecution has proved the guilt of the accused. Though it was elicited by the learned public prosecutor that the accused 1 and 2 set fire to the houses of P.Ws.1 and 3 keeping only the earlier incident in mind that is causing of damage to the auto of P.W.2 and quarrel between P.Ws.1 and family members in connection with the payment of repair charges and that the motive for the commission of offence, the prosecution failed to prove the very motive for commission of offence. Under these circumstances, I am of the opinion that the prosecution has failed to prove the charge under Sec.436 I.P.C. against A1 and A2 and therefore, they are entitled to acquittal.
Heard and perused the material available on record.
This Court is of the view that there is no evidence to establish that the accused set the fire to the thatched houses of P.Ws.1 and 3. Secondly, no material objects were produced before the Court to substantiate that the damage was caused by the accused. The motive, on which the entire occurrence took place, was not proved by the prosecution by way of producing any documents. Hence, this Court is of the view that the trial Court has appreciated the evidence in proper perspective and the reasoning given while acquitting the accused is in accordance with law. The Judgment of the trial Court does not suffer from any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 15.12.2014 pln