RAJU BHAIYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant impugns the judgment of the learned Additional Sessions Judge, Amritsar dated 1.12.2000 vide which he has been convicted under Section 436 I.P.C. and sentenced to undergo RI for four years and to pay a fine of Rs.5000/- and in default of payment of fine, to further undergo RI for six months.

(2.) The appellant was further convicted under Section 427 I.P.C. and sentenced to undergo RI for six months. Both the sentences were ordered to run concurrently.

(3.) The facts of the case reveal that on 16.10.1999, a police party was present in connection with a routine patrol and Nakabandi when they met complainant Harjinder Kaur who got recorded her statement that her House No.8911/33, Gali No.5, Kot Baba Deep Singh, Amritsar was set on fire on 15.10.1999. She referred to a dispute between her son Tarlochan Singh and one Balwinder Singh. In this dispute, Balwinder Singh received injuries and died. On the day when the incident took place i.e. 15.10.1999, she along with her daughter Malkiat Kaur had gone to Central Jail, Amritsar to meet Tarlochan Singh at about 4 or 5 p.m. The appellant set her house on fire after pouring kerosene oil and caused loss to the household goods. The fire brigade reached the spot as also the police.