UDHO RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) UDHO Ram, Mohinder Pal, Jagiri Ram, Baldev Raj and Amrit Lal the appellants-herein stand convicted under Sections 451 and 436 IPC by the learned Additional Sessions Judge, Hoshiarpur vide impugned judgment dated August 6, 1990 and have been sentences as under : U/S 451 IPC RI for two years and to pay a fine of Rs. 250/- each, in default of payment of fine to undergo RI for 3 months. U/S 436 IPC RI for 3 years and to pay a fine of Rs. 250/- each, in default of payment of fine to suffer further RI for 3 months.

(2.) OUT of the fine amount, if realised, Rs. 1250/- were directed to be paid as compensation to the complainant/Jeet Ram. Both the substantive sentences were directed to run concurrently.

(3.) THE prosecution case in brief is that on 27.7.1989 Jeet Ram complainant made a statement to the police. As per his statement, he was running a Karyana shop in a rented premises taken from Hardev Singh PW in village Nangal Shaheedan. On 26.7.1989 around 8-30 PM after closing his shop he had gone to ease himself and on way back, he was taking his meals when Mohinder Pal appellants knocked the door. Tarsem Kaur, wife of the complainant asked as to who was there. Then the appellant demanded cigarettes. She supplied him the same. Then the appellant caught hold of Tarsem Kaur from her arm and threw her away, telling that they would get the shop vacated. In the meantime the remaining appellants also arrived at the shop and all the them started throwing away the articles including the ready made garments from the shop and thereafter set ablazed the said garments. On an alarm being raised by the complainant and his family members, the appellants went away from the spot. The fire was extinguished.