PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) THE instant appeal has been preferred against judgment and order dated 24.8.1981 passed by IInd Additional Sessions Judge, Agra, in Session Trial No. 301 of 1979, whereby the appellant has been convicted under Section 436 I.P.C. and sentenced to five years R.I. and fine of Rs.2,000/-. In default of payment of fine, further imprisonment is of six months.

(2.) INCIDENT is alleged to have taken place on 10.2.1978 at 4:00 p.m. First Information Report was lodged by PW-1, Pooran Chandra on 11.2.1978 at 11:00 a.m. at case crime no. 28 of 1978 P.S. Dauki, District Agra.

(3.) ON the date and time of occurrence, bundle of haystacks (Karab) were kept on the terrace of the accused as well as complainant. The allegation is that the accused set the Karab on fire by lighting a match stick of the complainant, Pooran Chandra. At the relevant time, first informant as well as his wife were present in their house but fire spread at Chhappar of the complainant, which resulted in burning and destroying household articles worth Rs.7,000 to Rs.8,000/-. Witnesses Agan Lal and Bhagwan Das and several other villagers arrived at the scene of occurrence. Fire was extinguished with their help. By that time, a lot of damage was already caused. It is alleged that the accused fled away from the scene of occurrence.