Chander Bhusan Barowalia, J.

The present criminal appeal, under Section 378 of the Code of Criminal Procedure has been maintained by the State of Himachal Pradesh, against the judgment of acquittal, dated 19.02.2008, passed by learned Sub Divisional Judicial Magistrate, Karsog, District Mandi, H.P., in Police Challan No. 39-II of 2006, under Sections 427 and 435 of the Indian Penal Code.

2. The key facts, giving rise to the present appeal as per the prosecution story are that on 29.12.2005, at about 07.30 p.m., a truck bearing registration No. HP-30-1751, loaded with resin tins, reached at resin depot Mansana, from which, Krishan Lal/accused (hereinafter to be called as “the accused”) alongwith labourers and truck driver stepped down, the truck driver told them that it is too late to go further and the truck will go ahead on next morning. Thereafter the labourers, stepped down from the truck, told Paras Ram/complainant (hereinafter to called as “the complainant”) that they are going to their home and will come back by tomorrow morning, whereas the accused stayed there and after collecting dry grass and woods from the nearby bushes, he put fire to the same. The complainant t