STATE OF GUJARAT Vs. AAHIR AATU DEHA

JUDGEMENT

(1.) The State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 ("the Code") against the judgment and order dated 24.02.1994, passed by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No.58/1992, whereby the respondent original accused No.1 has, according to the appellant, been acquitted for the offences punishable under Sections 436 and 302 read with Section 114 of the Indian Penal Code, 1860 ("IPC"). It may be mentioned that the respondent Aahir Aatu Deha has been convicted for the offences punishable under Sections 435, 447 and 429 IPC. As regards sentence, for the offence punishable under Section 435 the respondent has been sentenced to seven years' rigorous imprisonment and a fine of Rs.6,000/ in default of payment of which, he would undergo further two months' rigorous imprisonment. For the offence under Section 447 IPC he is sentenced to one month rigorous imprisonment and for the offence under Section 429 IPC, sentenced to one month rigorous imprisonment. The sentences are directed to run concurrently. We are informed by learned counsel for the respondent that the respondent has already undergone the aforesaid period of sentence.

(2.) Original accused No.2 Aahir Dhinga Khata has been acquitted of the charges under Section 447 read with Section 114, Section 436 read with Section 114, Section 429 read with Section 11 and Section 302 read with Section 114 IPC. Hence, the present appeal has been filed only in respect of the respondent herein, who is original accused No.1.

(3.) The case of the prosecution is to the following effect: That the first informant, Bhagu Naja, was residing in his house along with his family members. On 30.11.1991, after the evening meal, the family members of the first informant went to sleep but the first informant was awake, awaiting the electricity to be turned on. His wife Madhiben, his daughter Raniben and daughterinlaw Nathibai, were sleeping at home. His elder son Bhikho and the younger son Aalo were not at home. The first informant had constructed a 'Mandavo' (cattleshed) made of dried Bajri stalks next to his hut. At about 9:00 PM, he saw a light behind the cattleshed. He put on his torch and went behind the cattle shed. In the torchlight he saw that the shed was burning and the respondent was standing there. The first informant started shouting. In response thereto, other villagers such as Jivan Ragha, Devayat Ragha, Dhinga Lakshman and Dehvi Vira came running and tried to extinguish the flames which could not be controlled. Six bullocks, two buffaloes and two calves were tied in the cattleshed, out of which a bullock worth Rs.2,000/ died of burns and a buffalo was injured. The remaining cattle were untied. The wife of the first informant went into the hut to wake up the children and bring them out. While doing so she suffered burn injuries. Crops of cotton, Bajri and Mug, along with clothes and household belongings of the first informant amounting to Rs.5,000/ were burnt and damaged in the fire. As per the case of the prosecution, the first informant had earlier filed a complaint against the respondent, who had beaten his daughters. Harbouring a grievance regarding this, the respondent had burnt the hut of the first informant.