VED PARKASH @ SONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant appeals are filed for setting aside the judgment of conviction and order on quantum of sentence dtd. 21/11/2014 passed by learned Sessions Judge, Jalandhar vide which appellants herein, were convicted for offences under Ss. 120-B, 436 and 457 of Indian Penal Code and were awarded substantive sentence of rigorous imprisonment for four years with total fine of Rs.5,000.00 each, with default mechanism in case bearing FIR No. 155 dtd. 29/5/2013 registered at Police Station Nakodar.

(2.) Briefly stated, it is case of the prosecution that complainant (PW1) Kuldip Rai Puri along with his brother Rajinder Kumar had been running the business of selling sanitary goods under the name and style of M/s. Puri Trading Company in the shop situated at Kapurthala Road Nakodar. In the evening of 28/5/2013, they had locked their shop from outside after completion of the work at 8.30 p.m. and returned home. However, on the early morning of 29/5/2013 at about 5.00 a.m. some body telephonically informed them that smoke was coming out of their shop. As such, Kuldip Rai Puri along with his brother Rajinder Kumar Puri and their sons Tarun and Varun rushed to their shop. They noticed that smoke was coming from inside the shop. They opened the lock put by them on the shutter door on the main gate but they found that the shutter door was closed from inside. Therefore, the small door was broken with the help of iron sabal and they found that all the articles kept in the shop were badly burnt. Then, they immediately informed the control room and called the fire brigade. The fire was extinguished by the fire brigade but all the articles/ goods lying in the shop were converted into ash. They suspected that some unknown persons had entered their shop by breaking the door of the roof and then they locked the doors from inside and put the shop on fire. Statement of Kuldip Rai Puri was recorded by ASI Rashpal Singh and on the basis of the same FIR(supra) was registered for the offences under Sec. 457, 435, 436 and 120-B of the Indian Penal Code. After registration of FIR, the police swung into action. On 9/6/2013, complainant Kuldip Rai Puri suffered another supplementary statement to the effect that earlier he had terminated services of his two employees, namely, Rajiv Kumar alias Mintu and Ved Parkash alias Sonu (appellants herein) and he suspected that both of them had put their shop on fire. Accused Rajiv Kumar alias Mintu and Ved Parkash alias Sonu were arrested on 26/7/2013. From the possession of accused-appellant Ved Parkash alias Sonu, motor cycle bearing registration no. PB-08-CD-0521 was recovered along with its registration certificate.

(3.) Learned trial Court after assessing the material available on record convicted the appellants under Ss. 120-B, 436 and 457 of Indian Penal Code and sentenced them substantive sentence for four years with total fine of Rs.5,000.00 each with default mechanism.