CHAUTHI RAM Vs. STATE OF U P

JUDGEMENT

(1.) Present Criminal Appeal has been filed by the appellant against the judgment and order dated 21.3.1988 passed by the IIIrd Additional Sessions Judge, Ghazipur in Sessions Trial No. 283 of 1987 (State Vs. Chauthi Ram) convicting and sentencing the appellant for the offence under Section 436 IPC to undergo 4 years' rigorous imprisonment and a fine of Rs. 5,000/- and in default of payment of fine to undergo one year's rigorous imprisonment.

(2.) Prosecution story as unfolded in the written report Ext. Ka-1 is as follows :

(3.) Informant's son had opened a grocery and betel nut shop at the Bihari Chaukiya crossing. On 20.4.1986 accused appellant who is a boastful person had purchased soap and "bidi" from the shop of informant's son. When informant's son asked for money the appellant abused him. On 30.4.1986 the informant's father Ram Dhan was also beaten by the appellant when he made the complaint about the incident dated 20.4.1986. Appellant also threatened to set ablaze the shop and due to this reason in the night of 3/ 4. 5.1986 at about 1 A.M. appellant set ablaze the "Gumti". Informant and other shop keepers sleeping there, hearing the noise of breaking of the "Gumti" awakened and saw that accused appellant was setting ablaze the "Gumti" by pouring kerosene oil. When hue and cry was made by the informant and witnesses the appellant fled away from the place of occurrence. Witnesses named in the written report are Bhikku Bind, Mahngu Bind, Ram Bachan Bind, Jamuna, Munish Bind, Nathuni and Vikrama. Other assailants were not identified. As per written report total loss/damage caused to the informant was of Rs. 3,000/-. Informant's son was not present on the spot at the time of incident. Thus prayer was made to lodge the first information report and to take action against the appellant.