PANDIT IRAPPA WAKEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners were convicted of the offences punishable under section 436 read with section 34 of the Indian Penal Code and were sentenced to suffer R. I. for three years and to pay a fine of Rs. 500/-, in default, to suffer S. I. for two months, by III Assistant Sessions Judge, Latur by his order dated 24-10-1994. The matter was carried in appeal. Learned additional Sessions Judge, Latur, dismissed Criminal Appeal No. 72/1994 by his order dated 1-8-1998, confirming the order of conviction, but reducing the sentence from three years to one year. This order is impugned in the present revision petition.

(2.) The facts, in nutshell, are that : on 12-8-1993, Ishwar (PW-1) was returning to his house after locking the cattle shed at about 8. 00 or 8. 30 p. m. When he negotiated, a distance of about one furlong, Ishwar noticed four persons proceeding towards the cattle shed. Having alerted, Ishwar watched them with suspicion. He noticed that they approached the cattle shed, spreading to the corners, each of them ignited the cattle shed from the corner. He, therefore, ran towards the cattle shed. By that time, the entire shed caught fire which could not be extinguished. Therefore, Ishwar raised hue and cry for help. In response, sahadeo Waganna (PW-3) and Shankar Kilare (PW-6) came to the scene of occurrence. The moment Ishwar raised hue and cry, the culprits started running away. They were identified by Ishwar as well as Sahadeo and Shankar. In the meanwhile, the bullock tethered in the shed sustained injuries but managed to get away. Ishwar then went to the house of his employer Jaiprakash Ladda and narrated the incident to him. As it was late in the night, Jaiprakash (PW-5) waited till the next morning. On the next morning, he visited the scene of occurrence. From there he went to Kasar Shirsi police station and lodged report (Exh. 20). On the basis of this report, offence came to be registered. On completion of the investigation, accused were charge-sheeted.

(3.) At the conclusion of the trial, learned Trial Judge found that the petitioners had set fire to the cattle shed. However, he found that the bullocks were neither rendered useless, nor had become disabled. In this view of the matter, learned Trial Judge acquitted the petitioners of the offence punishable under section 429, but convicted them under section 436 read with 34 of the indian Penal Code, and sentenced them as stated earlier.