ANAND SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The instant appeal has been directed against the judgment and order dated 23rd June, 1982 passed by the then Sessions Judge, Chamoli in Sessions Trial No. 1 of 1982 convicting the accused -Anand Singh Under Sec. 427 and 436 I.P.C. and sentenced him two years and four years R.I. respectively.

(2.) Feeling aggrieved by the said judgment and order, the instant appeal has been preferred.

(3.) Brief facts for the disposal of this appeal are that Smt. Jethi Devi was the wife of Appellant -Anand Singh and she remained issueless. It was also alleged that the behaviour of the accused was cruel towards his wife. In the year 1966, the Appellant -Anand Singh sent his wife to the house of Kalam Singh and took Rs. 1400/ - in exchange and his wife started residing with the complainant -Kalam Singh, The Appellant was not happy that she is residing in the same village. He wanted to send her outside the village and to stay in other village. Inspite of the desire of the Appellant -Anand Singh, Smt. Jethi Devi continued in the house of Kalam Singh in the same village as his wife. On 29 -03 -1969 at about 11:00 AM the Appellant -Anand Singh came to the house of the complainant -Kalam Singh with a dynamite (explosive substance) and he installed the dynamite in his house. Due to the broke of dynamite the walls got cracked but the house could not be demolished. Thereupon the Appellant started to destroy the house by Sabbal and he also displaced the roof stone from his house and thus caused a damage of Rs. 700/ - to the complainant -Kalam Singh. The complainant alongwith his wife was not at his house at the time of the incident. He was away in the other village and in his absence the incident took place. When the complainant reached at his house, Kishan Singh and others told him about the incident and went to the outpost of Patti Patwari where Patti Patwari was not available on the date of the incident. Thereafter, he lodged the report on the next day when Patwari came to his outpost. Thereafter, the matter was investigated and the chargesheet was submitted against the accused -Appellant.