RAMLAL SONI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 18.11.1997 passed in S.T. No.106/97 by learned Sessions Judge, Mandleshwar (M.P.), whereby appellants have been convicted for the offence punishable under Section 323 and 436 of IPC and sentenced to undergo RI for one month each for the offence punishable under Section 323 of IPC and RI for three years with fine of Rs.1,000/- each for the offence punishable under Section 436 of IPC.

(2.) THE brief facts of the case are that on 1.10.1994 appellant Ramlal, who was posted in forest department as Dy. Ranger and Bhandarilal who was posted as Forest Guard, while removing the encroachment, have put on fire house of the complainants Ringnia, Mohan and Kunvar Singh. On report of complainants, after investigation Challan has been filed against the appellants who were tried for the offence punishable under Section 436, 323 of the IPC and Section 3(2) (3) and Section 3(2)(5) of the S.C.S.T. (Prevention of Atrocities) Act. By impugned judgment learned trial Court while acquitting them from the offences punishable under Section 3(2)(3) and S. 3(2)(5) of S.C.S.T. (Prevention of Atrocities) Act, convicted them for offence punishable under Section 436 and 323 of IPC and sentenced them as mentioned in para-1 of the judgment.

(3.) LEARNED counsel for the appellants has drawn attention towards the evidence of Ringnia (PW-1), Kunvar Singh (PW-2), Lachchhu (PW-3), Bharat Singh (PW-5) and Tufon (PW-6), who have admitted that they have encroached upon the land of forest for which fine has been imposed upon them earlier and they were having inimical terms with the appellants. Learned counsel for the appellants has further drawn attention towards the statement of Kunvar Singh (PW-2), who in his cross-examination has admitted that police officials have surrounded them and fire started before the police officials came there. The police officials came along with the employees of forest department. Lachchhu (PW-3) has also admitted that appellants were accompanied by 8 to 10 persons including the police officials. He has further admitted that they (complainants) were burning Kachra. He has further admitted that appellants were used to come there for stopping encroachment upon forest land. Mohan (PW-8) has been produced as eyewitness but he has admitted in his cross-examination that on the day of incidence he was not present.