BHUPINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Shimla in Sessions Trial No. 16-S/7 of 1999 whereby the accused has been convicted of having committed an offence punishable under Section 436 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.1000/-. In default of payment of fine, he has been directed to undergo rigorous imprisonment for a period of 6 months.

(2.) THE prosecution case in brief is that Kanu Devi and Kewla Devi were two sisters who were both married to one Dilmi Ram. Dilmi Ram expired about 9 years prior to the incident which took place on 21.7.21998. According to the prosecution, the accused Bhupinder Singh has been harassing the two sisters so as to coerce them to transfer their land and house to him. It was alleged that prior to the incident he had given beatings to both of them. Both the sisters left the house, 5 ­ 6 months prior to the incident and started living with their brother at Badlawag. On 27.7.1998, the sisters returned to their house in village Giyalat along one mason Mauji Ram. The purpose of their visit was to get the roof of their house repaired. After preparing and partaking their meals, the two sisters went to sleep in the kitchen. Mauji Ram slept in the adjoining room. Around 10 pm the accused came to the house and started kicking the door of the kitchen. He was shouting that the door be opened. The sisters Kanu and Kewla Devi got scared. They lifted the plank (Uman) covering the passage connecting the kitchen which was on the first floor with the cattle shed in the ground floor and escaped through the said passage. They came out from the house and hid in the maize fields. From the fields, they saw that the accused chained the door of the room in which Mauji Ram was sleeping from outside and thereafter the accused collected some hay, some fuel and set the house on fire and then he ran away. After the accused ran away, the sisters went to their neighbour's house and informed them about the incident. Thereafter their neighbour's, namely, Bobby, Bittu, Govind and Pinku came and extinguished the fire and one of the neighbours unchained the door of the room where Mauji Ram was sleeping. Thereafter the two sisters and Mauji Ram spent the night at the house of Mangat Ram and Katnu Ram. They went back to their brother's place on 24.7.1998. They went to the Police Station, Chopal and lodged the report. Investigation was carried out and challan was filed. The accused pleaded not guilty and claimed trial. The learned trial court found the accused guilty and punished him as detailed above.

(3.) TO appreciate the contentions of the parties, it would be relevant to refer to the evidence recorded by the learned trial Court.