BALBIR SINGH Vs. STATE (U T CHANDIGARH)

JUDGEMENT

(1.) THE appellant -Balbir Singh was tried for an offence punishable under Section 436 of the Indian Penal Code for setting on fire Jhuggi No. 309 of Kumar Sain, PW -1 on October 2, 1985. The trial Court came to conclusion that even as per the statement of Jasmer Sain, the first informant there was no Jhuggi on the land in dispute and as such a case under section 436 of the Indian Penal Code could not be spelt out against the accused but as he had caused damage to property worth more than Rs. 100/ - and he was liable to be convicted under Section 435 of the Indian Penal Code. The trial Court accordingly while convicting the appellant of this charge released him on probation on the ground that he was young in age. It is against this order that the present appeal has been filed at the instance of the accused.

(2.) I have gone through the judgment of the trial Court and also examined the reasoning given by it.

(3.) IT is contended by Mr. Arora, learned counsel for the appellant that after finding that there was no Jhuggi which had been burnt by the accused the very basis for the conviction recorded by the trial Court was lacking.