JUDGMENT 1. - The instant application for leave to appeal has been preferred by the State of Rajasthan challenging the judgment dated 30.7.2012 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 119/2011 whereby the respondent Joga Ram was acquitted of the charge under Section 436 Indian Penal Code. 2. Briefly stated the facts of the case are that one Deva Ram filed a written `report at Police Station Dechu on 11.11.2010 alleging that on the night of 9.11.2010 Joga Ram and Maga Ram came to him and demanded a sum of Rs. 100/- for consuming liquor when he refused the accused hurled abuses at him and then went away. At about 10.30 P.M. the accused came back with a petrol filled bottle and called him. The first informant and his nephew Birma Ram who were sleeping in nearby premises went to his shed where the accused were present. The accused drenched his shed with petrol and set fire to it. He lost household goods worth Rs. 50,000/- in the fire. On the basis of this report, an F.I.R. No. 1178/2010 was registered for the offences under Sections 435 and 327 and investigation commenced. The Investigating Agency filed charge sheet against the accused-respondent for the offence under Section 436 I.P.C. The learned Sessions Judge at the conclusion of the trial proceeded to acquit the respondent of the charge. Hence, the State has approached this Court by way of instant application for leave to appeal seeking reversal of the acquittal of the respondent. 3. After hearing learned Public Prosecutor and upon going through the judgment impugned and the record, it is evident that the learned Sessions Judge noted the fact that the accused allegedly set fire to the shed of the complainant in this view and yet the F.I.R. was filed after two days. The learned Sessions Judge also noted that there were serious contradictions in the testimony of Joga Ram and Birma Ram regarding the allegation of the accused demanding money for consuming liquor. It is also noteworthy that the Investigating Agency did not charge sheet the accused Maga Ram who was also named as an accused in the F.I.R. In this view of the matter, this Court is of the opinion that the learned Sessions Judge has rightly and justly appreciated the evidence whilst rejecting the prosecution case and acquitting the accused. It is also noteworthy that the Investigating Agency did not charge sheet the accused Maga Ram who was also named as an accused in the F.I.R. In this view of the matter, this Court is of the opinion that the learned Sessions Judge has rightly and justly appreciated the evidence whilst rejecting the prosecution case and acquitting the accused. The acquittal of the respondent thus does not call for any interference in the instant application for leave to appeal.Accordingly, the application for leave to appear being merit-less is reject.Leave to appeal dismissed. *******