MAHABIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The then Vth Additional District and Sessions Judge, Bijnor, vide his judgment and order dated 31st July, 1979, passed in S.T. No. 262 of 1978 State Vs. Mahabir Singh , convicted the accused Mahabir on a charge under Sec. 436 Indian Penal Code, and sentenced him to undergo three years' R.I. He further convicted and sentenced him under Sec. 426 Indian Penal Code and ordered to pay a fine of Rs. 500.00 and in default of payment of fine to undergo one year's R.I.

(2.) The prosecution case started on the basis of the written first information report lodged at the police station on 16.11.1977 at about 10.20 P.M. after negotiating a distance of nine miles. The incident is said to have taken place in the same evening around sun-set. The complainant, Smt. Bhagwan Devi, has alleged that the she has been residing in Mohalla Chaudharian in village Jhalu for the last more than forty years. The accused appellant Mahabir Singh and his father Banwari Singh (acquitted) were insisting her to leave the premises asserting that the site of their house was their own property. The poor lady is a widow. Her son is very weak. She has not other place to go. But the accused persisted. On the date of occurrence near about sunset, Mahabir and Banwari along with two labourers came there and started demolishing the northern wall of her house. She raised an alarm. On hearing the alarm the witnesses, Karan Singh, Chhotey, Vikram Singh. Munshi, Mehar Singh Timmu and Ghasita and several other persons arrived there. Then the accused Mahaber Singh set fire to the thatched coverings with the help of match stick and ran away. All the house-hold belongings of the complainant were burnt.

(3.) On the basis of the written report a chik was registered at the police station. The Investigating Officer visited the spot, prepared the site plan and after interrogating the witnesses laid the charge-sheet and submitted the same on 21.12.1977.