CHHOTELAL KUSHWAHA Vs. STATE OF M P

JUDGEMENT

(1.) Sessions Judge, Satna (M.P.) has passed the impugned judgment dated 08-09-2008 in Sessions Trial No. 140/2006 whereby appellant has been convicted under Section 436 IPC and sentenced to undergo RI for 5 years with fine of Rs.500/-, with default stipulation.

(2.) Being aggrieved, appellant preferred this appeal under Section 374 (2) of the Code of Criminal Procedure.

(3.) The prosecution case, in short, is that on 23.04.2006 at about 11.30 a.m., appellant/accused threatened Ram prasad (PW-3) that he should shift his grocery shop (Kirana shop) which is situated near the road in the village Badhi,2 police station, Sabhapur, otherwise, he would set fire to his grocery shop (Kirana shop). It is alleged that at about 4.30 p.m., when Udairaj (PW-5), son of Ramprasad was sitting in the grocery shop (Kirana shop), appellant went to his shop (Kirana shop) and set fire to it, as a result of which, his grocery shop (Kirana shop) along with other material in his shop burnt causing loss of about Rs.10,000/-. Udairaj told this incident to his father Ramprasad who lodged FIR (Ex.P-1) in policestation Sabhapur at 6.05 p.m. Crime was registered against the appellant. After due investigation, charge-sheet was filed in the Court of JMFC, Satna, who committed the case for trial to the Court of Sessions. Learned Sessions Judge framed the charges under section 436 IPC against the appellant who abjured his guilt and pleaded false implication.