THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO.2454 OF 2004 JUDGMENT: This is an appeal arising out of the acquittal of the accused in S.C.No.392 of 2002 by the Principal Assistant Sessions Judge, Tirupati on 04.03.2003. The respondent Nos.1 and 2 herein are prosecuted for the offence under Section 436 read with 34 of IPC alleging that P.W.1 - G.Ramakrishna Rao Surendra Babu and P.W.2 - G.Bharathi are running a school by name Sri Devaki Vidya Nikethan at B.T.R.Nagar, Tirupati and that prior to occurrence of the incident, A.1 beat the younger brother of the maidservant of the complainant. For which the complainant’s wife P.W.2 - G.Bharathi questioned A.1 and also warned him not to do same in future. Due to which A.1 bore grudge against the complainant. On 16.09.2001 night at about 9.15 pm, A.1 gathered his close friend A.2, consumed liquor and went to the school of the complainant in drunken state and set fire to the roof of the school. As the roof was constructed with coconut leaves and bamboo sticks, the flames of the fire covered the entire school within few minutes. On seeing the flames, P.W.1, his wife P.W.2 and neighbours rushed and tried to set off fire. At that time, they saw the accused leaving the place in a hurry mood on the western side of the school. As a result of which, P.Ws.1 and 2 sustained loss of Rs.50,000/- and P.W.1 lodged a complaint with the police, which was registered as a case in Crime No.182 of 2002 under Section 436 read with 34 IPC. After completion of investigation, police filed charge sheet before the III Additional Judicial First Class Magistrate, Tirupati and he took cognizance of the same as P.R.C.No.63 of 2002 and committed the same to the Court of Sessions and the same was registered as Sessions Case No.392 of 2002. The learned Assistant Sessions Judge, Tirupati has framed the charge under Section 436 IPC against A.1 and Section 436 read with 34 IPC against A.2 and both the accused pleaded not guilty for the said charges. The prosecution in order to establish the charges examined P.Ws.1 to 9 and got marked Exs.P.1 to P.4 and M.Os.1 to 5. On behalf of the accused, D.W.1 was examined and got marked Exs.D.1 to D.5. Taking into consideration of the said oral and documentary evidence, the learned Assistant Sessions Judge, Tirupati found both the accused not guilty for the said charges and acquitted them under Section 235 (1) Cr.P.C. Aggrieved by the said acquittal, the State has preferred the present appeal. On behalf of the Public Prosecutor, it is argued that the motive for the offence was established from the evidence of P.Ws.1 and 2 and P.Ws.6 and 7 as P.Ws.1 and 2 saw the accused leaving the place in hurry mood after setting fire to the school premises and as there is no direct eyewitness to the occurrence, the circumstantial evidence has to be taken into consideration and circumstantial evidence clearly establishes the involvement of the present accused in commission of the said offence. Learned counsel for the respondent No.1 has pleaded that A.1 is residing in the same locality and finding him at the place of incident cannot be attributed for his involvement in the above said offence and the motive alleged by the prosecution could not be established and it cannot be treated as motive for setting fire to the school building. Therefore, the learned Assistant Sessions Judge, Tirupati has rightly acquitted both the accused. According to the prosecution on 16.09.2001 at about 9.15 pm, the school building of Sri Devaki Vidya Nikethan at B.T.R.Nagar, Tirupati was in flames and on seeing the same, P.Ws.1 and 2, who are the owners of the said school rushed to the spot and noticed the school was burnt as the roof of the said school was constructed with coconut leaves and bamboo sticks and they observed that A.1 and A.2 leaving that place in a hurry mood in the light of the fire and according to them, prior to the incident A.1 beat the younger brother of the maidservant of P.W.1, for which P.W.2 questioned A.1 about his beating and due to which, A.1 bore grudge against P.W.2. According to the prosecution, due to the said grudge A.1 with the assistance of A.2 set fire to the school building. The learned Assistant Sessions Judge has observed that P.Ws.1 and 2, who are the witnesses to the occurrence are interested witnesses and apart from them P.Ws.3 and 4 were examined as independent witnesses to the incident, but both of them have not stated about the presence of the accused at the time of the incident as they came after the school was burnt in flames. P.Ws.1 and 2 has only stated about the presence of the accused near the school and leaving that area in a hurry mood. With regard to the motive, the learned Assistant Sessions Judge observed that the alleged motive cannot be said to be setting fire by A.1 to the school premises and to establish the said motive P.Ws.6 and 7 were examined by the prosecution. P.W.6 is the maidservant and according to him, the accused demanded him to get Whisky bottle for him and on his refusal, the accused beat him and the same was witnessed by P.W.7 from a distance. Immediately P.W.7 informed the same to P.W.2. In turn, P.W.2 called the accused and questioned him about his acts and chastised him. As the accused was in a drunken condition, P.W.2 said that the matter would be discussed on the next day morning. Therefore, simply because P.W.2 chastised the accused for beating P.W.6, it cannot be termed as a motive for the accused to commit the offence as alleged by the prosecution. Thus, the learned Assistant Sessions Judge, has rightly came to the conclusion that the alleged motive cannot be attributed to the accused for committing the offence. Admittedly, there is no direct evidence to speak about the accused setting fire to the school of P.Ws.1 and 2 and the learned Assistant Sessions Judge, has examined the circumstantial evidence available in that regard and found that P.Ws.1 and 2 were only witnesses, who rushed to the spot when the school was in flames and according to them, they observed both the accused leaving the place in a hurry mood. If really, the accused set fire to the school premises, they would have left the place immediately and they would not have waited till P.Ws.1 and 2 rushed to the school premises. Therefore, the said evidence of P.Ws.1 and 2 cannot be termed as circumstantial evidence pointing out the guilt of the accused. Apart from that, there is no other evidence pointing out the guilt of the accused. Moreover, as rightly pointed out by A.1’s counsel that A.1 is residing in the said area and A.2 is residing two or three streets away from there, their presence at the time of the incident cannot be termed that they have involved in the commission of the offence. Thus, the learned Assistant Sessions Judge, Tirupati has rightly came to the conclusion that the prosecution has failed to establish the charges against the accused and the said findings does not warrant any interference by this Court. In the result, the Criminal Appeal is dismissed. _______________________ P.DURGA PRASAD, J 7th April, 2011 KSP