KAILASH PRASAD CHOURASIA Vs. CHHOTELAL

JUDGEMENT

(1.) THE de facto complainant in a case involving an offence punishable under section 436 Indian Penal Code is a revision petitioner. He is aggrieved by the acquittal of the seven accused in the case.

(2.) P .W. 1 had a horticulture plot on lease with small shed. He was staying in the shed during days on which his presence was necessary for cultivation. On 24.4.1988 at about 5.30 p.m., while he was returning to the shed after attending nature's call, he saw the respondent surrounding the shed. On the exhortation of the second respondent, the first respondent with the help of others set fire to the shed. When complainant cried out for help, PWs 2 and 3 and another rushed. He immediately gave information to the police on the basis of which a case was registered and after due investigation charge -sheet was laid. Respondents pleaded not guilty and the Session Court acquitted them as the evidence was untrustworthy.