BABU Vs. REX

JUDGEMENT

(1.) Babu appeals against his conviction under s, 436, Penal Code read with Sections 6 and 18, U. P. Act, XXlV [24] of 1947 and sentence of seven years' rigorous imprisonment together with a fine of Bs. too and six stripes passed by a first class Magistrate of Mathura.

(2.) The occurrence, which was the subject of the charge, had taken place at 9-45, on the morning of 27th October 1947, in Qasba Baldeo, one furlong from police station Baldeo. That was that the appellant had set fire to a fallen thatch belonging to himself which was resting on a wall over chabutra, five paces from his own residential be use.

(3.) Lala Earn, p. w. 1, is saia to have sent a written slip to Pandit Mani Bhushan, the President of the local Congress Committee, who was also an Emergency Magistrate regarding tbis occurrence, and the latter then sent an information about it to the Sub-Inspector, Ch. Rudra Datt Tyagi, who, in his turn, lodged a report at the police station.