SHIAM SINGH Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 21.4.1982 passed by the then Vth Additional District and Sessions Judge, Bijnor, in Sessions Trial No. 32 of 1981 whereby the appellant Shiam Singh & other co-accused have been convicted and sentenced under Section 436/34 I.P.C. to Rigorous Imprisonment for three and half years each and also have been directed to pay a fine of Rs. 500/- each with default stipulation.

(2.) During the pendency of appeal, appellant no. 2, Jaggu Singh has died. Therefore, appeal against him has become infructuous and stand abated.

(3.) Briefly stated, the facts giving rise to this appeal are that the aforesaid case was registered under Section 436 I.P.C. on the basis of a written report dated 12.6.1980 at 6:30 AM at P.S. Sherkot submitted by the informant (P.W.1), Smt. Sumentra, in respect of an occurrence which took place in the night between 11th and 12th day of June, 1980 at about 4 A.M. in Mohalla Naudhana of Sherkot Town. It is alleged that at the relevant time when Smt. Sumentra wife of Kripal Singh awoke from the sleep and came out of the house, she saw the accused Jaggu Singh and Shiam Singh talking with each other outside her Haveli and then she at once got her brother-in-law, Shish Ram, mother-in-law and others awoken from the sleep and then all the persons went out to see the accused and found that the accused Shiam Singh gave a match box to Jaggu Singh, who set fire to hut adjoining to the house, as a result thereof, the huts of Bhopal Singh and his brother Krishna, Smt. Sumentra, Sheo Nath Singh and others were burnt due to fire. Having heard a noise, the people of the village also rushed to the place of incident and made efforts to extinguish the fire. As such, after necessary investigation, the police submitted a charge sheet against the appellant under Section 436 IPC.