NANDI LAL AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeal No. 734-SB of 2000 has been filed by Nandi Lal, Jagnandan and Janardhan Pandit while Criminal Appeal No. 743-SB of 2000 has been filed by Mithu and Banarsi challenging the judgment of conviction and order of sentence dated 5.8.2000 passed by learned Additional Sessions Judge, Faridkot, whereby they were held guilty for the offences punishable under Sections 427, 429, and 436 read with Section 149, IPC, and each one of them was awarded the following sentence:- <FRM>JUDGEMENT_512_LAWS(P&H)8_2014_1.html</FRM>

(2.) The brief facts of the case are that the complainant, Narain Singh (PW1), suffered his statement before ASI Raghubir Singh (PW11) on 19.2.1997, at 10:50 p.m., to the effect that he was resident of Kapur Basti, Faridkot, which was developed at the Government land on the backside of the Vegetable Market. Punjabi and Bihari labourers were living in their respective huts in the said basti. He further stated that on that day, he was laying bricks around his hut to make it pucca and at about 9:00 p.m., Nandi, Jagnandan and Janardan Pandit (appellants), residents of Kapur Basti, Faridkot, came there and stopped him from constructing room and, as such, he stopped the construction. He further stated that after about 10/15 minutes, the above said three appellants accompanied by 5/6 more persons came there with small bundles of elephant grass in their hands and set the huts on fire and thereafter ran away from the spot. The occurrence was witnessed by Charanjit Singh. The fire could not be extinguished, resultantly huts and the household articles of the complainant party and a cow were burnt. On the basis of the above statement, FIR was registered, investigation was conducted, the appellants were arrested and after completion of investigation, the report under Section 173, Cr.P.C., was presented before the learned Area Magistrate, who in turn committed the case to the Court of Session for trial.

(3.) Charges under Sections 427, 429 and 436 read with Section 149, IPC, were framed against the appellants to which they pleaded not guilty and claimed trial.