PAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present criminal appeal has been filed by the Appellant under Section 374 of Cr PC against the judgment dated 9.11.2010 passed by Learned Additional Sessions Judge, Una, vide which the Appellant was convicted and sentenced as under: <FRM>JUDGEMENT_139_LAWS(HPH)8_2011.htm</FRM>

(2.) BRIEFLY stated the facts of the case are that on 26 -11 -2009 PW -14 Head Constable Sanjay Kumar along with Constable Gurdial Singh and Constable Ram Gopal went to Police Station Una and Lady Constable Nisha, HHG Hari Devi and HHG Lavkesh joined there. They had gone for routine patrol duty, where PW -14 Sanjay Kumar received a secret information that accused deals in the business of selling and purchasing of liquor in his cow -shed in village Mawa Sindian. He wrote a ruqua and sent it through HHC Hari Dev to police Station, Gagret for registration of FIR, on the basis of which FIR No. 143 of 2009 was registered. Thereafter, raiding party proceeded to the cow shed of the accused and reached there around 12.50 p.m. The house of the accused is near the cow -shed and the accused came from the house carrying a plastic canny and a tin having kerosene oil. The accused pushed PW -14 Head Constable Sanjay Kumar and went inside the cow -shed and sprinkled kerosene oil in the cow -shed, and thereafter lit the fire with the help of Matchstick. The cow -shed caught fire and the accused remarked that he had kept the liquor in the cow shed which he has burnt and now he cannot be involved in the excise case. He also proclaimed that he will burn the raiding party by putting the kerosene oil and he fled away from the spot. The matter was reported to SHO Mehar Chand, who reached the spot and took into possession 479 bottles of liquor out of which 216 bottles were filled, whereas, the remaining bottles were burnt and these were taken into possession in FIR No. 143 of 2009 after completing the codal formalities. The statement Ex. PW -13/A was made by PW -14 HC Sanjay Kumar before S.H.O, which was sent to police station for registration of case. The tin and canny were taken into possession along with burnt carpet, pieces of wood by SHO after sealing them. After investigation, the challan was filed before learned Judicial Magistrate who committed the case to learned Sessions Judge, Una by whom it was assigned to learned Additional Sessions Judge, Una, who framed the charge under Sections 436, 353 and 506 -II of I.P.C. On conclusion of trial, the Appellant was held guilty and was convicted and sentenced accordingly.

(3.) THE submissions made by learned Counsel for the Appellant were that, it looks improbable that the accused was able to go inside the cow -shed when he came there with the plastic canny in his both hands and then burnt the cow -shed in presence of police party who was allegedly present at the spot. It was submitted that story looks improbable and cannot be believed. It was also submitted that the bottles of liquor lying in the cow -shed out of which the some were allegedly burnt were not taken into possession in this case and therefore the prosecution case cannot be relied upon.