GANESH PRASAD Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 7/10/2011, passed by the Sessions Judge, Narsinghpur (MP) in S.T.No.133/2011, whereby the appellant was convicted under Section 435 of the IPC and sentenced to undergo RI for one year and to pay fine of Rs.12,500/ - and in default to suffer imprisonment for 3 months.

(2.) THE prosecution case, in short, is that on 30/4/2011 at about 1:30 p.m., the appellant set fire to harvested wheat crop kept in the field belonging to Sreebai, the mother of complainant Krishna Kumar (PW1), situated adjacently to his land in village Simariya Khurd. The fire resulted in destruction of crop worth Rs.12,000/ -.

(3.) THE appellant pleaded false implication at the instance of Krishna Kumar due to animosity in view of his refusal to sell hisland or to give it to Krishna Kumar for cultivation on crop sharing basis.