SHYAM LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 03.01.1983 and order dated 04.10.1983 passed by Learned IVth Additional Sessions Judge, Bareilly in Session Trial No. 465 of 1982, Crime No. 128 of 1980, under Section 436 IPC, P.S. Nawabganj, Bareilly, whereby accused-appellant Shyam Lal and Rangeele Lal have been convicted under Section 436 IPC and sentenced to four years rigorous imprisonment.

(2.) According to the prosecution version, in the intervening night of 15/16.05.1980 at around 2:00 AM, informant / PW-1 Makhan Lal woke up to attend the call of nature as well as to check his animals and he felt some inkling from behind of his Baithak (house). When he asked that who was there, his neighbour Kesri Lal and Khayali Ram also awoke. Informant Makhan Lal went to the back of his house and saw that accused Shyam Lal and Rangeele Lal were enkindling his 'chappar' (makeshift house made up of thatch). The informant and above stated witnesses tried to catch them, but they fled away from there. They extinguished the fire, however, informant's chappar, cot and beddings were already burnt to ashes.

(3.) The first informant Makhan Lal reported the matter to police by submitting written complaint Ex. Ka-1 to the police and consequently the case was registered against both the accused-appellants on 16.05.1980 at 10:30 hours under Section 436 IPC vide FIR Ex. Ka-2 and in this regard entry Ex. Ka-3 was recorded in General Diary.