STATE OF MAHARASHTRA Vs. BHOGILAL GORDHANDAS

JUDGEMENT

(1.) The appellant in this appeal is Bhogilal Gordhandas who has been convicted by the learn-ed Sessions Judge, Kaira, at Nadlad, of an offence under Section 436 of the Penal Code and has been sentenced to suffer simple imprisonment for one day and also to pay a fine of Rs. 500/- or in default to suffer three months' rigorous imprisonment. The appellant has appealed against this order of conviction and sentence passed upon him by the learned Sessions Judge.

(2.) When this matter came up for admission before us, we ordered a notice of enhancement to issue against the appellant calling upon him to show cause why the sentence imposed upon him by the learned Sessions Judge, Kaira, should not be enhanced. It is in this manner that the abovementioned appeal and the review application have come up before us for hearing today.

(3.) The facts of the case which gave rise to the prosecution of the appellant may now be shortly stated. The charge against the appellant is that on 28-11-1954, at Umreth, he set fire to the complainant's hut, Intending to cause or knowing it to be likely that he would thereby cause destruction of the said hut which was used as human dwelling or as a place for the custody of property. According to the case of the prosecution the damage which was caused to the complainant by the fire was to a tune of Rs. 10/-. It is in this manner that the prosecution has charged the appellant with an offence under Section 436 of the Penal Code.