ABDUL MAJID Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 11.09.2003 passed by Sh. G.S.Dhiman Additional Sessions Judge, Fast Track Court, Sangrur vide which the accused -appellant Abdul Majid has been convicted under Section 436 IPC in respect of FIR No.194 of 18.06.2002 registered at P.S.Malerkotla and has been sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs.1,000/ -. In default of payment of fine to further undergo R.I. for three months.

(2.) BRIEFLY stated the facts as gathered from the record are that Mohd. Sharif made a statement before the police on 18.06.2000 that he owns a shop of gunny bags (bardana) near Kamal Cinema Road, Malerkotla in which new and old bags were lying. On 11.06.2002 at about 8.30 p.m., he went to his house after locking the shop. At about 1.30 a.m. on the intervening night of 11/12.06.2002, 10/12 boys came to his house and told him that his shop has been set on fire, upon which, he reached the shop and saw that fire has been spread and then, he opened the door of the shop and he along with people of locality extinguished the fire but he could not find as to who set the shot on fire. However, he suffered a loss of Rs.80,000/ -. On the basis of which formal FIR was recorded.

(3.) DURING investigation PW3 Mohd. Ashraf made a statement that in the intervening night of 11/12.06.2002 he saw the accused Abdul Majid, throwing a ball made of cloth, which was hardly put on fire, on the shed of Mohd. Sharif, where the empty jute bags were stored and on the empty jute caught fire. He has further stated that accused Abdul Majid fled away from there on bicycle. He returned to his house at Jawahar Nagar and thereafter he went out of station for 20 days and after coming from there, he made a statement. So, on account of eye witness counter Mohd. Ashraj, accused Mohd. Shafiq was nominated and after investigation challlan was presented.