STATE OF HIMACHAL PRADESH Vs. RAJINDER SINGH

JUDGEMENT

(1.) The State of Himachal Pradesh is in appeal against the judgment of the High Court of Himachal Pradesh at Shimla whereby the High Court acquitted the respondent herein of the charges framed against him by allowing his appeal.

(2.) The Sessions Judge, Hamirpur had convicted the respondent for the offences punishable under Sections 436 and 477-A of the Penal Code, 1860 for which he was awarded a sentence of three years' rigorous imprisonment and two years' rigorous imprisonment respectively and a fine of Rs. 3000 on each of the said counts.

(3.) The prosecution case when stated briefly is that with a view to destroy the evidence that may be used against the respondent in a pending departmental inquiry the respondent in the night of 5-7-1990 set on fire his office causing damage to the office building and the documents therein. The trial court came to the conclusion that the prosecution has proved its case and convicted the appellant as stated above while the High Court differed from the trial court holding that the prosecution has not established its case as against the respondent, hence allowed the appeal and acquitted the respondent. The State of Himachal Pradesh as stated hereinabove is in appeal before us.