PARVEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment of conviction dtd. 7/11/2003 and order of sentence dtd. 12/11/2003 passed by the Sessions Judge, Sonipat vide which the accused/appellant was convicted under Ss. 429 and 435 IPC and sentenced as under:-

(2.) The prosecution case in brief is that on 11/2/2001 at about 9:40 P.M. complainant Zile Singh (PW4) made a statement Ex.PB to the effect that the appellant/ accused Parveen had been causing harassment to the complainant party as he wanted to construct a passage after breaking a wall towards their side of the house. A compromise had been effected between the parties repeatedly with the intervention of the village respectables. As per the complainant, on the intervening night of 9th and 10/2/2001 at about 2:00 A.M. when the complainant was fast asleep in his house he was awakened by the shouts of PW5 Kaptan son of Ramdhari and PW6 Rajinder son of Mahender asking the complainant to wake up as the appellant had set his cattle shed on fire where his cattle including a male calf had been tethered. The complainant rushed to the spot and unfastened the cattle but due to the intense blaze, one calf was burnt alive. The complainant immediately reported the matter to the Panchayat wherein the accused was summoned and asked to tender an apology. The appellant refused to beg pardon and rather threatened that he would continue causing more harm till the passage was allowed to him. As the talks of the compromise between the parties failed, the complainant made a statement Ex.PB leading to the lodging of FIR No.31 dtd. 11/2/2001 under Ss. 429, 427, 436 IPC(Ex.PB/1) at Police Station Sadar, Sonipat.

(3.) The investigation thereafter was set in motion, accused was arrested and finally he was charged under Ss. 429, 436 IPC to which he pleaded not guilty and claimed trial.