BALLE @ BALWANT Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 21.8.1995 passed by the Additional Sessions Judge, Dehradun in Sessions Trial No. 80 of 1995, State v. Balle @ Balwant & Anr., whereby the learned Additional Sessions Judge has convicted the appellants -accused under Section 436 of Indian Penal Code, 1860 (for short I.P.C.) and sentenced each of them to undergo five years R.I. along with fine of Rs. 1500/ - and in case of default in the payment of fine, six months further R.I. was awarded to each of the appellants -accused.

(2.) IN brief, the prosecution case is that in the night of 19/20 October, 1992 at about 10 PM, the complainant Ramkishan, PW -1 was in his house along with the witnesses Sunil Kumar, PW -3 and Shyam Lal PW -4. Meanwhile, he has heard the noise outside his house of leaving the crackers. After hearing the noise, Ramkishan along with PW -3 Sunil Kumar and PW -4 Shyam Lal have come outside the house. Then he saw that the appellants -accused were leaving the crackers near his Khokha. PW -1 Ramkishan has asked them not to leave the crackers near his Khokha. On this, both the appellants -accused gone from the place of occurrence and they have come after the short time with the plastic cane of the kerosene oil and after spilling the kerosene oil on his Khokha, they lit the fire. When he tried to stop the fire, the appellants -accused threatened him with the knife and khukhri for his life for which he could not save his Khokha. PW -1 Ramkishan has further stated that due to fire on the Khokha, he has suffered loss of Rs. 15000/ -.

(3.) WITH the aforesaid averments, PW -1 Ramkishan lodged the FIR, Ex. Ka -1 on 20.10.1992 at 9.20 AM. Thereafter the chick FIR was prepared by Constable Clerk Satendra Singh, PW -5. Chick FIR is Ex.Ka -3. Necessary entry was also made in the GD. Carbon copy of GD is Ex. Ka -4. The investigation of this case was entrusted to S.I. Sharad Kumar. The I.O. during the course of investigation has taken the ashes of the burnt articles and recovered the plastic cane and prepared the specimen of the seal Ex. 5. During the course of investigation, the I.O. has inspected the place of occurrence and prepared the site plan Ex. Ka -5. The I.O. has also recorded the statement of the witnesses during the course of investigation and after completing the investigation, he has filed the chargesheet Ex.Ka -6 against the appellants -accused under Section 436, 504 and 506 of I.P.C.