SOM NATH Vs. STATE OF HP

JUDGEMENT

(1.) Appellant after having been found guilty for having committed offence under Section 380 IPS was convicted and sentenced to undergo rigorous imprisonment for four years and also to pay a fine of Rs. 10,000/ -. In default of payment of fine, he has been directed to undergo further rigorous imprisonment for six months. He has challenged his conviction and sentence in the present appeal.

(2.) Appellant was tried for having allegedly committed offences under Sections 380, 436 and 201 IPS by the learned Sections Judge, Mandi in Sessions Trial No. 28/2000. He has been acquitted of the charges under Sections 436 and 201 IPS as aforesaid.

(3.) As per prosecution case appellant was working as peon/Messenger in the Himachal Gramin Bank at its Barot branch where he was transferred vide order dated 17.4.1999 (Ext.PL). A fire had broken out on the nigh intervening 18th and 19th July 2000 at Barot Bazar resulting in bazar being reduced to ashes. Number of shops and residences were burnt. In one of such building, Himachal Gramin Bank was also housed. Information of this fire was given by PW -3 Tialk Raj to PW -1 Shri S.P. Ralta who was working as Sub Divisional Magistrate, Jogindernagar. On receipt of this information, S.D.M. Passed on the same to S.I. Prakash Chand (PW -20), S.H.O. police Station, Jogindernagar. Thereafter both of them reached the spot at Barot in the early hours of morning. Meanwhile fire tenders had also reached from Palampur and Mandi. Thus, the fire was extinguished with the help of local people as well fire tenders.