SURENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred by the appellants under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C.") assailing the judgment and order dtd. 18/4/2007 passed by learned Additional Sessions Judge/3rd Fast Track Court, Haridwar in Sessions Trial No. 329 of 1999, State vs. Surendra and another, whereby the said court has held the appellants guilty for the offence punishable under Ss. 436, 304/34 and 429 IPC and sentenced each of them as follows:- S. No Name of accused Conviction Sentence Fine Sentence in-lieu of fine 1 Surendra 436 IPC 07 years' R.I. Rs.5,000.00 06 months' additional imprisonment 304 IPC 07 years' R.I. Rs.5,000.00 06 months' additional imprisonment 429 IPC 03 years' R.I. Rs.2,000.00 02. months' additional imprisonment. 2 Amar Singh 436 IPC 07 years' R.I. Rs.5,000.00 06 months' additional imprisonment 304/34 IPC 07 years' R.I. Rs.5,000.00 06 months' additional imprisonment 429 IPC 03. years' R.I. Rs.2,000.00 02 months' additional imprisonment. All the aforesaid sentences were directed to run concurrently.

(2.) During the pendency of appeal, appellant no.2-Amar Singh has passed away on 22/9/2016. Hence, the present appeal stood abated against appellant no.2-Amar Singh. Now, the Court shall proceed to hear the appeal qua appellant no.1-Surendra.

(3.) The facts in nutshell are that PW1-Ram Singh lodged a report on 18/12/1998 at 08:45 a.m. after getting the same scribed from one Om Prakash at Police Station Laksar with the averments that in the intervening night of 17/18/12/1998 he along with his children was sleeping in the house while his cattle were tied in the shed meant for that purpose. At about 02:00 of the night, when he woke up, he saw the fire in the cowshed. On hearing the noise, he came towards the shed and saw that the appellants-Surendra and Amar Singh were running from the spot. On hearing the noise, several people from vicinity and his children reached on the spot who also saw the appellants running. After extinguishing the fire, in the light of shed some articles exploded due to which his grand-daughter-Amita and one calf sustained injuries and died on the spot, whereas people of vicinity, namely, Bijendra, Yashpal, Kripal, his wife-Sumeri (of informant) and grandson got injured. With these averments, the case was registered against the accused persons under Sec. 436 IPC.