RAM SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 26.8.1996 passed by Additional Sessions Judge/Special Judge, Dehradun in S.T. No.13 of 1995, State Vs. Ram Singh and another, whereby the learned Addl. Sessions Judge/Special Judge convicted the appellants/accused Ram Singh Negi and Keshar Singh Negi under Section 436 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced each of them to undergo rigorous imprisonment for a period of two years with fine of Rs.1,000/- each and in default of payment of fine, six months' simple imprisonment was further awarded to each of them. However, the appellants/accused were not found guilty of the charge u/Ss 427 and 504 of IPC and were therefore acquitted by the trial court under the same sections.

(2.) Heard learned counsel for the parties and perused the entire material on record.

(3.) In brief, the prosecution case is that P.W.1 Baishakhu Das lodged an oral report at P.S. Raiwala, District Dehradun on 1.10.1992 stating therein that he was living with his family at Tehri Farm by making a hut there from last five to six years. On 1.10.1992 at about 4 PM, in his absence, appellants/accused Ram Singh and Keshar Singh came there and started hurling abuses to his wife and told that when they are having possession of the adjoining field then the place where the complainant is living also belongs to them and asked them to go from there. Thereafter, the appellants/accused started throwing out goods from the hut and lit fire on the hut. Meanwhile, some villagers arrived at the spot, who witnessed the said incident and who also tried to extinguish the fire but all were in vain. Thereafter the appellants/accused fled from the place of occurrence. The complainant stated that he will provide the list of goods which were burnt in fire later on. With the same averments, Baishakhu Das lodged an oral report at P.S. Raiwala, District Dehradun on 1.10.1992 at 5:45 PM. On the basis of this report, Chik F.I.R. of the case was prepared by Constable Clerk Jasveer Singh, which is Ext.Ka-1. Necessary entries were also made by him in the G.D, carbon copy of which is Ext.Ka-5. The investigation of the case was entrusted to P.W.5 Sub Inspector Anil Singh Manral, who during the course of investigation, recorded the statement of witnesses, prepared the site-plan Ext.Ka-4 of the place of occurrence and took some ash from the place of occurrence vide Fard Ext.Ka-2. On completion of investigation, he filed the charge sheet against the appellants/accused, i.e. Ext.Ka-3.