VARSINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Varsingh (hereinafter called 'the accused') challenges his conviction under Section 436 of the I. P. C. and sentence of two years rigorous imprisonment awarded by the Additional Judge to the Court of Sessions Judge, Jhabua by his judgment dated 5-4-1986.

(2.) ACCUSED Varsingh was charged under Section 436 of the I. P. C. for having committed mischief by fire by setting fire on 29-6-1985 to a hut of Zhapdibai used as a human dwelling and for storing property. There were three other accused, who were charged under Section 436/34 of the I. P. C. and acquitted by the judgment.

(3.) THE prosecution case is that Lalsingh (P. W. 1) and his wife Zhapdibai (P. W. 6) on 29-6-1985 at about 10. 11 a. m. were at their hut. The accused persons and Lalsingh (P. W. 1) uncle of acquitted accused Premchand were getting their land measured. There was dispute over measurement of land. Lalsingh was not agreeing with the measurement and claimed some more land to be his own. Accused Varsingh and acquitted accused Ramchandra and Puna on this asked that Lalsingh's house be set on fire. It is alleged that accused Varsingh then lifted tuwar twings from the house of Lalsingh, set it on fire with match-stick and then set the house on fire resulting in clothes, grain and other house-hold goods including hut worth in all Rs. 2000/- being destroyed by fire. Cries of Zhapdibai (P. W. 6) attracted Kunji (P. W. 2), Kabli (P. W. 3), Kasni (P. W. 4) and Premchand (P. W; 5) to the scene. The accused person ran away from the place of incident, Zhapdibai lodged first information report Ex. P.-1, which was written down by R. B. Shukla (P. W. 9 ). He affected seizure of burnt material from the place of incident and after usual investigation, put up challan against the accused.