- (1.) I am hearing this appeal as against the judgment and order of conviction passed by the learned Additional Sessions Judge, Kandi, Murshidabad in Sessions Trial no. 15th September, 2013 arising out of Sessions Serial No. 125/2011 in which the present appellant was convicted in respect of the charge punishable under Section 436 of the Indian Penal Code. The judgment and order of conviction was passed on 03-12-2014. The case of the prosecution as made out at the time of trial can be stated in brief thus :- That P.W.1, Gopinath Ghosh lodged one FIR with the Burdwan Police Station, District-Murshidabad against the present accused/appellant alleging that on 15-04-2010 at about 3-00 p.m. in the afternoon, this accused set fire in the hey-stake (Kharergada) which was lying inside the dwelling house and the said fire burnt the same and also the roof of the house of his neighbour, Kaliprasanna Karmakar, i.e. P.W.4. The accused was caught red handed and later on was handed to the police.
(2.) On receipt of the FIR Burdwan P.S. Case No. 89/2010 dated 15- 04-2010 under Section 436 of the Indian Penal Code was started. The matter was investigated by the Investigating Officer of this case, namely, A.S.I. Kali Charan Datta (P.W.7) who during the course of investigation visited the P.O., examined available witnesses, prepared a rough sketch map with index and he also seized some assets and some burnt straws after investigation submitted charge sheet against the accused under Section 436 of the Indian Penal Code. The case was committed to the court of sessions and ultimately, the case was transferred to the present trial court for trial. During the course of trial charge was framed against the accused under Section 436 of the Indian Penal Code to which the accused pleaded not guilty and claimed to be tried.
(3.) On behalf of the prosecution, in all seven witnesses were examined. Before the trial court. P.W. 1 is the complainant, P.W.2 is Mihir Ghosh, who also allegedly saw the incident, P.W. 3 is Gaju Karmakar, one co-accused who did not see who actually set the straw on fire, P.W.4 is Kaliprasanna Karmakar, a portion of whose house was also damaged due to such fire. P.W.5 is one Bhabananda Ghosh who deposed that he heard about the incident and he was told by Gopinath Ghosh that the present accused set the stack of straw of P.W.1 on fire, P.W.6 was Bivakar Ghosh, one co-villager but he was declared hostile by the prosecution and P.W.7, one A.S.I, Kalicharan Dutta was the Investigating Officer of the case.;