LAWS(ALL)-2005-4-92

SURESH NARAIN TRIPATHI Vs. STATE OF U P

Decided On April 04, 2005
SURESH NARAIN TRIPATHI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) These two appeals are connected with each other having arisen out of judgment 22-1-2000 passed by Sri A. K. Mishra, Addl. Sessions Judge/SpecialJudge (DAA), Lalitpur in Sessions Trial No. 126 of 1993. The represented appeal has been filed by the three accused appellants, namely, Suresh Narain Tripathi, Bhuvaneshwar Kumar Nautiyal and Ramji Dubey against their conviction under Sections 436 and 201, I.P.C. Instead of being sentenced to imprisonment, they have been released on probation of good conduct for a period of three years. The Government Appeal has been filed by the State against their acquittal under Section 409, I.P.C.

(2.) The background facts may be noted. The incident occurred in between the night of 30-9-1992/1-10-1992. A fire broke out in P.C.F. godown situate at Bighakhet within P.S. Kotwali, District Lalitpur in which Tendu leaves had been stacked. The F.I.R. was lodged by the acused Bhuvaneshwar Kumar Nautiyal {Godown Officer) on 1-10- 1992 at 2.40 p.m. Tendu leaves used to be stacked in P.C.F. Godown aforesaid. Chaukidars were there for watch duty on the godown. Rajesh Kumar and Ashok Kumar were two of such Chaukidars (in the fateful night from 2 a.m. till 10 a.m. next morning) when the fire broke out in godown No. 3. 6123 bags of tendu leaves had been stacked in the concerned godown No. 3. The fire in the said godown was noticed at about 6 a.m. by Rajesh Kumar, Chaukidar PW 2.The fire brigade was summoned to extinguish the fire and it was controlled. The entire stock of Tendu leaves was reduced to ashes.

(3.) Initially, a case was registered under Section 436, I.P.C. and the investigation was started by S.I. U.S.S. Chandel PW 10. It was taken over by S. I. K. S. Sengar PW 11 with effect from 5-11-1992. During investigation, it came to light that the three accused were committing bungling in the stock of Tendu leaves kept in the godown. In the documents, they used to show the stocking of more quantity than the actual stock and were siphoning of the difference. It was for the purpose of covering up some bungling committed by them that they themselves set fire to the godown at about 3 a.m. Section 409, I.P.C. was also added. Ultimately, the three accused were booked for trial and were tried under Sections 436, 201, I.P.C. and Section 409 read with Section 120-B, I.P.C.