KALLU Vs. STATE OF MP

JUDGEMENT

(1.) 30.01.2012 This appeal has been preferred against judgment dated 19.04.1996 passed by Third Additional Sessions Judge Rehli District Sagar in S.T. No. 32/1996 convicting the appellant under Section 436 of IPC and sentenced to 3 years R.I. and with fine of Rs. 200/ .

(2.) FACTS of the case, in short, in the intervening night of 27 28 October 1995 while Rajabhaiya (PW 1) came to village Rehli was informed by one Bhagwandas of his village that his house was set ablazed by the appellant. Rajabhaiya (PW 1) immediately came back to his house in village Gudakala and saw the loss caused by fire. Rajabhaiya reached to police chouki Baleh, District Sagar and submitted written report Ex.P 1. A case Ex.P 2 was registered at 0/95 under Section 436 of IPC against appellant. On the basis of Ex.P 1 and Ex.P 2, a case at Crime No.270/95 under Section 436 of IPC Ex.P 8 2 Cr.A.No.985/1996 was registered at police station Rehli.

(3.) THIS appeal has been preferred by the appellant challenging the conviction of sentence of the ground of that appreciation of evidence is not proper. Evidence of Balakdas (PW 2) was not appreciated by the Trial Court properly. Conviction is bad in law and sentence is harsh. On the other hand, learned panel lawyer supported the findings of conviction and sentence both.