RAKESH Vs. SHANKAR LAL AND OTHERS
HIGH COURT OF UTTARAKHAND
Shankar Lal And Others
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(1.) Accused persons Shankar Lal, Om Prakash and
Smt. Munni Devi were tried for the offence punishable
under Section 436 IPC and were acquitted by the learned
Additional Sessions Judge, Kashipur, vide judgment and
order dated 10.01.2008. Aggrieved against the impugned
judgment and order, present Criminal Revision was
preferred by the complainant Rakesh.
(2.) The allegation against the accused persons, in a
nutshell, was that on 25.11.2005, at 9:00 p.m., accused
persons, set the shed (chhappar) of the informant Rakesh on
fire. The incident allegedly took place in village
Sanyasiwala, within the jurisdiction of PS Jaspur, District
Udham Singh Nagar. It was alleged that the accused
persons also caused financial loss to the informant Rakesh.
Rakesh gave a report (Ext. Ka-1) in PS Jaspur and on the
basis of such report, the matter was investigated upon by
the investigating officer, which resulted into submission of
charge-sheet against the accused persons.
(3.) PW 1 Rakesh, PW 2 Mukesh, PW 3 Ram Prasad
and PW 4 Gajendra Lal Bahuguna were examined on behalf
of the prosecution. Incriminating evidence was put to the
accused persons under Section 313 Cr.P.C., in which they
said that they were falsely implicated in the case. No
evidence was given in defence. After considering the
evidence on record, the learned Court below acquitted the
accused persons of the charge levelled against them.;
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