MOHD. NABI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Nadeem Murtaza, learned counsel for the appellant and Sri Ashok Srivastava, learned A.G.A. for the State as well as perused the record.

(2.) By means of the instant criminal appeal, the appellant has challenged the judgment and order dtd. 26/4/2000 passed by learned Second Additional Sessions Judge, Lucknow in Sessions Trial No.192 of 1995, convicting and sentencing the appellant under Sec. 436 I.P.C. for three years rigorous imprisonment.

(3.) The prosecution story as narrated in the First Information Report registered as Case Crime No.27 of 1991, under Ss. 436 I.P.C. at Police Station Kaiserbagh, Lucknow on 23/4/1991 by one Shiv Das alleging therein that his son has been allotted a canteen in the compound of American Library Court where the informant was present on 23/1/1991 alongwith his two workers. At about 08:30 AM, the appellant who is an employee of Civil Court, allegedly came and asked for Suraj (Son of the informant), upon which, the informant told the appellant that he will come to canteen at about 11:00 A.M., hearing this, the appellant allegedly poured kerosene oil over the canteen and set the same on fire, due to which, not only the canteen was burnt but chamber of an advocate was also burnt.