VISHNU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 31st March, 2010, passed in Sessions Trial No. 13/2010. by Ad-hoc Additional Sessions Judge-4. Nagpur thereby convicting the appellant-accused for an offence punishable under Section 436 of the Indian Penal Code. The prosecution case in brief is as under:

(2.) After investigation, a charge sheet for an offence punishable under Section 436 of the Indian Penal Code was filed against the applicant-accused. On merits of the case, the trial Court found that the applicant-accused committed an offence of mischief by burning temporary shed of the complainant punishable under Section 436 of the Indian Penal Code and, accordingly, convicted and sentenced the appellant to suffer rigorous imprisonment for a period of 3 years together with fine of Rs. 300/- with default sentence of ten days by its judgment and order passed on 31st March, 2010, which are under challenge in the present appeal.

(3.) On perusal of the evidence available on record, I find great substance in the argument of learned counsel for the appellant that this is a case of no evidence against the appellant-accused and find no merit in the argument of the learned A.P.P. for the State, who submits that the burden was upon the appellant to prove that the act of burning of waste matter committed by him in his land was done with great care and caution so that its flames or embers did not reach the adjoining houses on structures.