RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by Ram Autar against his conviction and sentence of four years R. I. under Section 436 Indian Penal Code imposed on him by Sri Brahma Nand, 1st AddI. Sessions Judge, Banda dated 29-10-1977.

(2.) The occurrence is said to have been taken place in the night of 25/26-3-1974 in Makhtupurwa hamlet of village Dubaria at 1-00 a.m. It is said in the F.I.R. that the accused appellant Ram Autar set fire to the heap karvi lying on the west of the house of Jogeshwar P. W. 2 the complainant as a result of which the entire lot was burnt and the fire even extended to his house which was also burnt. The neighbour Bahori PW 3 was sleeping and woke up to ease himself when he saw the appellant actually setting fire to the heap by burning three or four match-sticks. An alarm was raised which brought Ram Autar PW 4 and others on the scene. The complainant got his report written through Hira Lal Yadav which is Ex. 1 and the report was lodged at Police Station Badosa at 13-30 p.m. the same day. The report was written by Khem Raj Singh PW 1 who registered a case in the General Diary copy of which is Ex. ka. 3 Sri Awadh Raj Singh Sub-Inspector PW 5 investigated the case and took down the statement of the witnesses, inspected the locality, prepared the site plan Ex. ka. 4 and after completing the investigation, submitted charge sheet Ex. ka. 6 against the accused.

(3.) The accused pleaded not guilty and attributed his implication in the case due to enmity. The learned Sessions Judge however, came to the conclusion that the offence under Section 436 Indian Penal Code was made out against the appellant and in the result recorded conviction in the case.