DEENA NATH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been preferred by accused -applicant against judgment and order dated 10.1.2003 passed by the Additional Sessions Judge (Court No. 5), District -Barabanki in S.T. No. 245 A/1990 arising out of Crime No. 51/89 by which the appellant has been convicted for the offence punishable under Section 436/34, I.P.C. and he has been awarded a sentence to undergo rigorous imprisonment for two years and pay Rs. 500 as fine. Heard learned counsel for the accused -applicant as well as learned A.G.A.

(2.) BRIEF facts of the case are that one. Muni Ram. son of Sri Roop Narayan, resident of Pipraha Farm, P.S. - Kursi, District -Barabanki lodged an F.I.R. on 23.4.1989 at about 10.00 a.m. He was lying in his shop, after taking lunch; two persons were seen by him moving towards west which was back side of the shop, who put fire to the engine installed over there. He raised alarm when accused -appellant and one Lal Babu fled away. Due to their committing mischief of fire, Pata measuring 30 feet, pipe measuring 10 feet, pata of soft measuring 15 feet, and plastic pipe measuring 10 feet were burnt including four cots, two razai, two blankets, three shirts, 27 quintal wheat costing Rs. 20,000 was burnt. After lodging of the F.I.R., the investigation was concluded and charge -sheet was submitted. Ultimately, the accused were committed to the Court of Sessions for trial. During the pendency of the trial. the accused Lal Babu absconded and as such, the trial against the accused -appellant was separated.

(3.) DURING the course of arguments learned counsel for the appellant conceded that the findings made by and conclusions arrived at by the learned Additional Sessions Judge, are not being challenged on point of facts or on point of law.