DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is preferred against the judgment of conviction and sentence dated 04.05.2001 passed by the Sessions Judge, Kapurthala by which Daljit Singh, accused-appellant was convicted and sentenced as under :

(2.) Brief facts of the case are that on 18.08.1996, complainant-Om Parkash made a statement Ex-PA before ASI Gurbax Ram that he is resident of Mohalla Rattanpura and is a tenant of a shop in the building near Railway crossing, which is owned by Amarjit Singh. He was dealing in old and new watches. On 17.08.1996, he closed his shop at about 8.00 p.m. and went to his house. At about 4.30 a.m. Kikar Singh who lives near his shop, informed him that his shop had caught fire. He went to his shop and saw the accused, Daljit Singh (herein appellant), Harjinderjit singh, Tajinderjit Singh and Taranjit Singh, running from the street on the back side of the shop towards the main road. It is alleged that the landlord, Amarjit Singh, had appointed his brother-in-law, Daljit Singh, and the other accused persons (being sons of Daljit Singh), as caretakers to look after the shop in question. Thereafter, the Fire Brigade and other persons of the locality extinguished the fire. The motive of setting the said shop on fire by Daljit Singh-appellant and others was stated to be that they wanted to get the shop vacated from him.

(3.) After completion of investigation challan was presented in the court. The offence under Section 436 IPC being exclusively triable by the Court of Sessions, the case was committed by learned Magistrate to the Court of Sessions for trial.