PREM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant/ accused here -in after referred to as the accused] against the judgment dated 17.5.1999 passed by learned Additional Sessions Judge, Sirmaur District at Nahan whereby the accused has been convicted and sentenced under Section 4361.P.C. to rigorous imprisonment for 3 years and to pay a fine of Rs.10,000/ - and in default for payment of fine to undergo further rigorous imprisonment for six months.

(2.) Case of the prosecution against the accused, in brief is that Himachal Pradesh Forest Corporation has hired the building of one Nagender Singh in village Banjar, the ground floor whereof serves the purpose of stores. The said ground floor consists of (three rooms. In September, 1996 Corporation had stored 1353 rins of resin (Baroza) in the said rooms. PW -2 Randeep Singh was the Chowkidar of the Corporation of the concerned depot whose duty was to keep watch and ward on the resin tins so stored. On the night intervening 5th and 6th of September, 1996 at about 12.30 AM on hearing some souid PW -2 Randeep Singh who was sleeping in the room of the upper storey of the building came out of the room and was in the torch light that the accused had lit a container (kupi) of resin and threw it inside the store room where resin tins were kept, through a h61e (teera) in the wall of the room as a result the stores were set on fire. PW -2 tried to apprehend the accused but failed. Thereafter he raised hue and cry hearing which Uma Dutt (PW -1) came on the spot. Both of them tried to extinguish the fire but failed. PW -2 then informed Nagender Singh owner of the building and Bhupender Bhandari (PW -6) who came of the spot. A few other persons had also come on the spot but the fire could not be extinguished despite efforts. Immediately thereafter PW -2 alongwith PW -6 Bhupinder Bhandari went to village Chaloh and informed Lai Singh, Deputy Ranger of the Corporation (PW -3) about the incident. The resin tins kept in the ground floor of the building and the building were destroyed in the fire. The matter was reported byPW -2 at Police Station Pachhad and thus F.I.R. Ex. PA came into being. The investigation was entrusted to PW -11 H.C. Ashok Kumar who proceeded to the spot. In the meanwhile, PW -3 on receipt of the information as aforesaid went to the police station and took alongwith him the S.H.O. and the Tehsildar and went to the place of incident in the early hours of the morning. The services of the fire brigade were also requisitioned which finally extinguished the fire. PW -11 after reaching on the spot inspected the same and prepared spot map Ex.PY. He took in possession resin kupi (Ex.P -1), pieces of charcoal (Ex.P -2) and ash (Ex.P -3) vide memo Ex.PB which were made into a parcel and sealed with seal -H. The burnt resin tins numbering 1353 were also counted on the spot. He arrested the accused on 6.9.1996. On 8.9.1996 the accused made a disclosure statement Ex.PC in the presence of Lai Singh (PW -3) and Devinder Dutt (PW -10) to the effect that he had concealed a match box under a pine tree in village Ser. Pursuant to the said statement the accused led the police party to the spot, spot map whereof is Ext.P -2 and got recovered a match box containing match sticks Ext.P -15 which was made into a parcel and sealed with seal impression -T. The impression of the seal used for sealing the parcels were taken separately and the seals were handed over to PW Devinder Dutt Sharma. The memo regarding this recovery is Ext. PD. Two of the burnt resin thins (Exts.P -16 & r » -17) were also taken in possession by the police each vide memo Exts. PE and PF. The documents relating to the extraction and storing of the resin in the said depot and the permits relating theretp i.e. Exts.PG, PH, PJ, PM, PN, PO, PQ, PR, PS, PT, PU, PV, PW, P -4 were also taken in possession vide memos Exts. PK and PL. The place of occurrence was got photographed and the photographs are Exts.P -5 to P -14. The tins Exts.P -16 & P -17, Kupi Ext.p -1, Charcoal pieces Ext.P -2 and ash Ext. P -3 were sent to the State Forensic Science Laboratory for analysis and the report received from such Laboratory is Ext. PX. On being satisfied of the commission of an offence punishable under Section 436 l.P.C. by the accused, the Officer Incharge, Police Station, Pachhad accordingly submitted a charge -sheet against the accused to the concerned Court. The accused was tried by the learned Additional Sessions Judge, Nahan on a charge under Section 436IPC.

(3.) The prove the charge against the accused, prosecution examined 11 witnesses.