STATE OF H P Vs. PIARE LAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 4.7.2001 passed by learned Sessions Judge, Una, District Una, HP in Sessions case No. 7 of 1999, thereby acquitting the accused/respondents for the offence under Sections 147,149, 436,506 IPC in reference to FIR No. 230 of 1997.

(2.) THE prosecution case is that accused Sardari Lal, Ram Kishan are the sons of Faquir Chand and Piare Lal, Khushi Ram, Moti Ram and Vijay Kumar are the grand sons of Faquir Chand, who was owning 5 Khokhas at village Jhalera on the road side which he had give on rent to Kuldip Kumar (PW-1), Subhash Chand (PW-3) and Joginder Lal, Chint Ram and Gurbachan Lal about 18-19 years back. However, the accused-respondents wanted the said Khokhas to be evicted from the above said persons, therefore, they allegedly burnt the Khokhas in the intervening night of 21st and 22nd April, 1997. However, Kuldip Kumar (PW-1) lodged the report Ex PA with the police on 23rd April, 1997 on which case was registered vide FIR Ex PB at Police Station, Una and in reference to that, investigation was made and the accused/respondents were charged of the aforesaid offence.

(3.) (PW-1) Kuldip Kumar has stated that he was tenant in one of Khokhas, running barber shop since 1982 and after the death of Faquir Chand, he used to pay rent to Ram Kishan son of Faquir Chand like other tenants. As per the testimony of PW-1, he had electricity meter installed in his Khokha Khokhas like other tenants. In the intervening night of 21/22 April, 1997, after closing the Khokha at about 9.30 PM when he went to his home, the Khokha was set on fire by the accused persons at 10.0 PM and on the next day when he was endeavouring to re-construct the Khokha, he was not allowed to re-construct the same and he was beaten by the accused persons. As per the testimony of PW-1, accused persons had taken the entire materials from Khokha. PW-1, in cross examination has stated that he had not told to the police about the reconstruction of Khokha. PW-1 has also stated that accused Moti Lal and Pyare Lal had also Khokhas near his Khokha which were constructed lateron and the Khokha of Moti Lal accused was existing at that time, but it was at a distance of 25-30 feet and there is no Khokha in between. PW-1 has also stated in cross examination that a case was pending with the SDM Una for removal of these Khokhas, but this case was instituted after the incident and no notice from PWD was received by him for removal of the Khokha. PW-1 has, however, very categorically stated in cross examination that he did not see the accused persons setting the Khokha on fire, but the accused persons told themselves about it on the next day, but they did not disclose it to the fire brigade personnel who reached on the spot immediately. PW-1 has also stated to Fire brigade personnel that he had no doubt on any one regarding putting his khokha on fire, rather told to the Fire brigade personnel that it was accidental fire.