CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 18.10.2002 passed by the learned Additional Sessions Judge, Panipat, whereby he convicted and sentenced Chander accused to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- and in default of payment of the same, to further undergo rigorous imprisonment for two months under Section 436 of I.P.C.

(2.) SUCCINCTLY put, the facts of the prosecution case are that on 13.1.1997, Prem Singh, the then SI/SHO Israna happened to be present at Bus Stand of Village Kalkha. Meanwhile, Balbir son of Hari Chand of Village Luhari moved an application before him containing the allegations that Chander, whom the Gram Panchayat had leased out Chhappar (thatched roof) along with shop, has set afire the Chhappar on 12.1.1997 at 23.40 P.M. by sprinkling kerosene oil in the presence of Om Parkash Lamberdar, and Ram Dhari Pandit and Prithvi Singh, residents of village Luhari. On the basis of this application, the case was registered. The aforesaid SHO seized the ash and some coal from the place of occurrence, prepared the rough site plan and got the scene of crime photographed. The accused was arrested. After completion of investigation, the charge-sheet was laid in the court of learned Illaqa Magistrate, who committed the case to the Court of Sessions for trial.

(3.) TO bring home guilt against the accused, the prosecution examined as many as 11 witnesses. When examined under Section 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence as well as false implication. He examined Hans Raj DW-1 in his defence.