DURGA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment passed by Additional Sessions Judge/ F.T.C. No. 3, Basti in Special Session Trial No. 61 of 1996 (State v. Durga Singh) under Section 436 IPC and Section 3(2)(iv) The Scheduled Castes or Schedule Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as "SC/ST Act"] in case crime no. 25/1995, p.s.-Dubaulia, Basti, by which, sole accused Durga Singh was convicted on 05.12.2008 for the charges u/s 436 IPC and Section 3(2)(iv) of the SC/ST Act; and punished on 06.12.2008 for the charge u/s 336 IPC with rigorous imprisonment of 10 years and fine of Rs. 500/- (in default of payment one month's additional imprisonment) and for the charge u/s 3(2)(iv) of the SC/ST Act with imprisonment for life and fine of Rs. 500/- (in default of payment one month's additional imprisonment), with direction that both the sentences would run concurrently.

(2.) The prosecution case in brief was that informant Raghuwar and accused Durga Singh are the resident of same village. Informant belongs to the S/C (scheduled caste) community and accused is non- SC/ST person. On 17.03.1995 at about 8:00 p.m. in night informant Raghuwar (PW1) while cooking inside his house saw the flames in backside of his house. Then he rushed out of his house and saw that Neebar Singh and his son Durga Singh of his village put on fire his house from the backside and were running away. On his alarm his brother Shivraj (PW-2) and son Dinai (PW-3) had seen the Neebar Singh and Durga Singh fleeing away from his house after putting his house on fire. The informant had given a written report (Ex-A-1) of this incident in police station after about three days on 20.03.1995 at 7:00 p.m., on the basis of which case crime no. 25/1995 was registered. After completion of the investigation, charge-sheet for the offences u/s 436 IPC and Section 3(2)(iv) of the SC/ST Act were filed against two accused persons, namely, Neebar Singh and and his son Durga Singh (present appellant), on the basis of which Special S.T. No. 61/1996 was registered, in which both the accused were charged for the aforesaid offences. They denied the charges, pleaded not guilty and claimed to be tried. But during trial, accused Neebar Singh had died and his trial was abated; so trial proceeded against Durga Singh only.

(3.) During trial, prosecution side had examined PW-1 Raghuwar, (informant), PW-2 Shivraj, PW-3 Dinai, PW-4 H.C. Harikrishna Singh and PW-5 S.I. Ali Raza (IO). These witnesses had proved documents of prosecution side.