YADAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal filed at the instance of the accused/appellant Yadao Ghanshyam Lad is directed against his conviction for the offence under Section 436 of the Indian Penal Code by the Additional Sessions Judge, Pusad, and whereby the accused/appellant has been sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1000/ - and in default of payment of fine, to suffer further rigorous imprisonment (or one year.

(2.) MR. Daga, the learned counsel for the accused/appellant strenuously urged that the prosecution has miserably failed to prove the guilt of the accused for the offence punishable under Section 436 of the Indian Penal Code beyond reasonable doubt. According to the learned counsel, there was no eye witness produced by tile prosecution and the circumstances relied upon by the prosecution do not connect the accused with the crime under Section 436 of the Indian Penal Code. The learned counsel, thus, submitted that tile judgment of conviction and sentence passed by the Additional Sessions Judge, Pus3d is based on no evidence and, therefore, the accused/appellant deserves to be acquitted.

(3.) THE accused/appellant was charged by the Additional Sessions Judge, Pusad on 6-1-1995 that on or about 30-4-1992 in between 3. 30 a. m. to 4. 00 a. m. at village Dhanki, the accused committed mischief by fire intending thereby to cause the destruction of a building viz. , a cattle shed belonging to one Gangadhar Nagan Mitkare of Dhanki which was ordinarily used for storing cattle-fodder and agricultural implements and caused damage of onion worth Rs. 45,000/- to Rs. 50,000/- and thereby he committed an offence punishable under Section 436 of the Indian Penal Code.