KISHOR MAROTRAO RAUT Vs. STATE OF MAHARASTHRA

JUDGEMENT

(1.) The present appeal stems from judgment and order dated 12th September, 2008 passed by learned Ad hoc Additional Sessions Judge, Wardha-1 in Sessions Trial No. 7/2008, convicting the present appellant/accused for offence punishable under section 436 of the Indian Penal Code ( in short "IPC") and sentenced him to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs. 10,000/-; in default, to suffer R I for one year. It was further directed that after realization of the amount of fine, the sum of Rs. 7000/- shall be paid to first informant Asha Gujar after the period of appeal is over.

(2.) The prosecution case filtering out unnecessary details are these : It appears that Asha Yadavrao Gujar (PW 4) has lodged a FIR bearing No. 264/ 2007 which was registered at Pulgaon Police Station, District Wardha on 22nd December 2007 for offence punishable under section 436 of the Indian Penal Code, alleging that the present appellant had come to her hut on 21st December 2007 at about evening time, and thundered to leave the hut, else he would kill her. It is further alleged that the appellant had came again, along with gunny-bag containing soyabean and was forcibly trying to keep the same inside the hut of the first informant. She tried to resist by preventing him; but he had forcibly kept soyabean in her hut. According to first informant, the said gunny-bag containing soyabean was a stolen property and, therefore, she had on the same night reported the incident to the Police. Police came along with her; seeing the Police, the accused took to his heels. It is further alleged that the first informant along with her daughter, due to fear, slept in a temple nearby the whole night In the morning at about 7.00 a.m. when she went towards her house, to her utter dismay and surprise, found that it was burning. She raised hue and cry; but all her belongings including the clothes and papers were devoured in the fire. She, therefore, suspected that the appellant might have set the hut ablaze. The wheels of investigation followed with frenetic pace. Upon completion of the investigation, charge-sheet came to be submitted on 3-1-2008 before the learned Judicial Magistrate, First Class, Pulgaon, Dist. Wardha who committed the case to the Court of Sessions, Wardha on 14-1-2008.

(3.) The charge was framed under section 436 of the Indian Penal Code against the present appellant who pleaded 'not guilty' and claimed to be tried. Thus, the trial Court after having recorded as many as seven witnesses concluded the judgment by an order of conviction as stated supra.