DALEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dalel son of Dalip, resident of Sonepat was convicted by Sessions Judge, Sonepat, vide his order dated September, 19, 1985, under section 438, Indian Penal Code, and was sentenced to two years rigorous imprisonment. Feeling aggrieved, he has filed this appeal.

(2.) According to prosecution, a report was lodged in Police Post, Gohana Bus Stand, Sonepat, at 2.45 p.m. on December 18, 1984, by Bashiri P. W. to the effect that she was present near her hut which adjoins the hut of Wakil Khan, her husband's brother. Rajo, wife of Wakil Khan, was also present in her hut. Dalel appellant came there at about 12 noon and enquired about the whereabouts of their husbands from both of them. He was annoyed and was saying that their husbands had made false allegation against him for having sale the dry hay belonging to hem and he was going to teach a lesson for that false allegation. Bashiri and Rajo both told the appellant that their husbands were not present in their huts and if they have done something wrong to him, they beg pardon for the same. This did not satisfy the appellant and he got further enrages, took out a match box and set the hut of Wakil Khan on fire. This hut of Wakil Khan was being used for his residential purpose. After setting the hut on fire, the appellant fled away. Bashiri and Rajo raised an alarm. A fire brigadearrived and fire was extinguished. But before the arrival of fire brigade, huts of Wakil Khan and Shanti widow of Raghbir were burnt to ashes. All the household articles of Bashiri were reduced to ashes.

(3.) The report lodged by Bashiri in Police Post, Gohana Bus Stand was forwarded to Police Station, City Sonepat, where a case under sections 427 and 436, Indian Penal Code, was registered. After registered of the case, Gurdial Singh S.I. came to the spot and found that fire in the huts had been extinguished. He lifted the ash and half burnt articles and prepared Memo attested by WahI Khan and Sarup P. Ws. Rough site plan was prepared and he get the site photographed. Statements of the P. Ws. were recorded under section 161, Criminal Procedure Code. The appellant was arrested and after completion of the investigation, challaned and convicted, as mentioned earlier.