SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 28.09.2001 whereby the appellant, Sukhdev Singh, was held guilty by the learned Additional Sessions Judge, Amritsar, for the offences punishable under Sections 427 and 436, IPC, and ordered to undergo the following sentences:- <FRM>JUDGEMENT_680_LAWS(P&H)9_2013_1.html</FRM>

(2.) Both the sentences were ordered to run concurrently.

(3.) Brief facts of the case are that appellant Sukhdev Singh is brother of complainant Baldev Singh (PW1). They had a property dispute. Baldev Singh (complainant) had erected a dhara (a shed with temporary hatched roof) and the same was being used for tethering cattle. On 03.02.1999 at about 8.00 P.M., Baldev Singh-PW1 (complainant) was present at his house and on hearing a noise from outside his house, he rushed to the said place and found that the appellant, Sukhdev Singh, had set the dhara on fire. The complainant immediately got out his cattle from the dhara and shifted to a safe place. The said occurrence was witnessed by Rajinder Singh (PW4) also. The matter was reported to the police on 04.02.1999, on the basis of which, formal FIR No. 32, dated 04.02.1999, for the offences punishable under Sections 427, 436 and 506, IPC, was registered at Police Station Sultanwind, District Amritsar. The appellant was arrested; the loss due to fire was got assessed from Arvinder Singh (PW3), a Civil Engineer, who reported that loss was to the tune of Rs. 3200/-.