UDAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Triphthi, J. The Additional Sessions Judge, Chamoli (Garh wal) vide his judgment dated 11-8-1979 passed in Sessions Trial No. 55 of 1974, State v. Udat Singh and others, convicted the accused Chandra Singh under Section 436, I. P. C. and sentenced to undergo five years R. I. Accused Benchan Singh was convicted under Section 436/34, I. P. C. and sentenced to undergo two years R. I. and a fine of Rs. 1000 and in default of payment of fine to further one year's R. I. Accused Udat Singh was convicted under Section 436/34, I. P. C and sentenced to imprisonment till the rising of the Court and to a fine of Rs. 500 only. In default of payment of fine he was ordered to undergo three months' simple imprisonment. Accused Smt. Surji Devi who happened to be the wife of Chandra Singh accused, was acquitted from the charges.

(2.) THE convicted accused have filed this appeal. THE State has not filed any appeal against the order of acquittal passed behavior of Smt. Surji Devi.

(3.) THE prosecution examined Shy am Singh, PW 1, the complainant. He has narrated the entire story, PW 2, Bachan Singh deposed in support of the prosecution. Pratap Singh, PW 3, was the eye-witness. He too has said that he saw that some persons were burning the thatch of the com plainant but he could not see and recognise as to who had set fire. PW 4, Kunwar Singh, Patwari is the Investigating Officer. He has proved the investigation conducted by him.