DHARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the conviction and sentence inflicted upon the appellant/original accused by judgment and order dated 23.4.1998, rendered by Sessions Judge, Aurangabad in Sessions Case No.280 of 1997 convicting the appellant/accused under section 436 of Indian Penal Code and sentencing him to suffer Rigorous imprisonment for three years and to pay fine of Rs.5,000/-, with default condition of non-payment of fine to suffer further R.I. for six months.

(2.) The prosecution case which can be summarized as under :

(3.) It is further alleged that son of the complainant namely Uddal went and called his father Ramchandra, who had gone to work in the field of Kapoorsingh PW-4 and thereafter PW-1 complainant Dashabai and her husband Ramchandra went to Sillegaon Police Station and lodged report Exh.7 at about 09.00 p.m. on the same day i.e. on 1.4.1997. Accordingly, on the basis of said report offence came to be registered under C.R. No.53/1997 under section 436 of Indian Penal Code. PW-5 PSI Pandharinath Bhanudas Bhosale was attached to Sillegaon Police Station, at the relevant time i.e on 1.4.1997 and after registering the aforesaid crime, he took over investigation. He visited the spot of the incident on 2.4.1997 and drew spot panchanama Exh.10. He also recorded statements of witnesses including that of Ramchandra and Kapoorsingh PW-4 and Rambhau and on 17.4.1997 he arrested the accused. He saw the hut and the goods such as grains, utensils etc burnt, the estimated loss by fire was quantified at Rs. 16,800/-. After completion of investigation, charge-sheet was filed against accused in the Court of Judicial Magistrate First Class, Gangapur on 19.4.1997, however since the offence punishable under section 436 of Indian Penal Code was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, Gangapur committed the said case to the Court of Sessions, by Aurangabad by committal order dated 12.12.1997.