KALYANSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order dt. 5.7.2001 passed by learned IInd Additional Sessions Judge Dhar, in S.T. No.31/2001 convicting the appellant under Section 436 IPC and thereby sentencing him to suffer 3 years RI and fine of Rs. 1,000/-, in default further SI of 3 months and also to pay Rs. 500/- towards damages the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that on the point of compensation awarded to the complainant Ramsingh under Land Acquisition Act, the appellant was keeping enmity with him. He was also giving threat to him. 2-3 days earlier to 6.12.2000 appellant gave threat to the complainant that he will set her house to fire. In the evening on the date of incident i.e. 6.12.2000 also he gave threat to him about setting of the fire. In the night complainant Ramsingh along with his wife and children was sleeping. It was noticed by his wife that house has been subjected to fire. The complainant and his family members came out from the said house which was a kachha house and also took out the goods kept inside in hurried manner. On being screamed by the complainant and his family members other persons assembled and they extinguished the fire. The appellant after setting the fire fled from the place of occurrence. The incident was also seen by Hukum s/o Jama. The FIR was lodged by complainant Ramsingh (PW-1) on the basis of which, a case was registered under Section 436 of the IPC against the appellant.

(3.) After investigation was over a charge sheet was submitted in the Committal Court who committed the case to the Court of Session and from where it was received by the Trial Court for trial.