SURINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Surinder Kumar preferred this appeal to challenge the judgment of conviction dated 21.2.2002 and order of sentence dated 22.2.2002, rendered by the learned Additional Sessions Judge, Sirsa, in Sessions Case No. 52 of 2000, arising out of FIR No. 33 dated 20.3.2000, registered under Section 436 of the Indian Penal Code at Police Station Sadar, Dabwali.

(2.) By the said judgment, he was sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs.1000/- (for the offence punishable under Section 435 IPC and in default of payment of fine to further undergo Rigorous imprisonment for three months.

(3.) Prosecution story, in brief, is that Kuldeep-complainant is the residence of village Aboob Shahar. There was a Nohra owned by the complainant in front of his house across the street. House of Surinder Singh accused was adjoining to that Nohra. Wheat Chaff was stored by the complainant in his Nohra. On 20.3.2000, at about 1.30 p.m. accused Surinder Singh was present on the roof of his house and directed the complainant to remove wheat chaff from the Nohra and threatened to burn wheat chaff if not removed. Ram Kumar and Bhup Singh were also present at that time. After sometime Surinder Singh poured kerosene on the heap of wheat chaff and the same was set on fire. After that he had fled away from the spot. The fire was put off with the help of water. Matter was brought to the notice of the police and after recording the statement of Kuldeep-complainant, formal FIR was registered. Accused was arrested. After completion of investigation challan was presented in the Court.