PREM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 25th July, 2000 passed by the Sessions Judge, Kinnaur Session Division at Rampur Bushahr, H.P. in Session Trial No. 21 of 1998 convicting the accused for an offence under Section 436 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of five years and fine of Rs.1,000/- and in default thereof to undergo simple imprisonment for further period of six months.

(2.) AS per the case of the prosecution Sunak Ram (PW-2) had purchased land from Chain Ram the grand father of the accused. Two shops on the said land were let out by PW-2 to Prem Chand (PW- 1) and Krishan Lal (PW-4) in village Kholighat, Tehsil Rampur, District Shimla. PW-1 was using the same as his residence and also running On 2nd October, 1997 Prem his business of footwear therefrom. 1 Whether reporters of Local Papers may be allowed to see the judgment? Chand (PW-1) left his shop to buy vegetables from another shop at Kholighat and upon returning at about 6.30 p.m. he found that his shop as also the ad-joining shop of PW-4 was on fire. PW-1 found the accused standing outside his shop possessing one Jerrycan of 10 liters containing Kerosene oil. PW-1 inquired from the accused as to how his shop had caught fire, when he was told by the accused that the shops in question were owned by his grand father and it was he who had set the shops on fire. When PW-1 tried to retrieve his goods and put off the fire, the accused prevented him from entering the shop and retrieving his goods stored in the shop. PW-1 raised hue and cry, which attracted the attention of nearby residents and on seeing them the accused managed to escape from there. PW-1 became unconscious. Further efforts were made by the residents to extinguish the fire and in no time the shops were gutted and reduced to ashes. The goods valuing Rs.40,000/- belonging to PW-1 and Rs.6,000/- belonging to PW-4 were destroyed in the fire. On 2nd October, 1997 at about 7 P.M the police was informed vide D.D. Entry Ext.PW-8/A and the investigation was put in motion. The statement of PW-1 under Section 154 Cr.P.C. was recorded by the police on 3rd October, 1997. Pursuant to his statement, F.I.R. No. 219/97 Ext.PW-9/A was recorded on 3rd October, 1997 with Police Station, Rampur. The accused took anticipatory bail. The statements of the witnesses were recorded and the list of articles Ext. PW-1/C and Ext.PW-4/A destroyed in the fire were obtained by the Police. Spot map Ext.PW-8/C was prepared and the revenue records Ext.PW-8/D & PW-8/E were also obtained by the Police. The other papers with regard to the land in question being mark 'X' was also taken by the police. The sample of the burnt wood was also taken by the police and sent for chemical analysis to the Forensic Science Laboratory, Junga (Ext.PX).

(3.) IN order to prove its case, the prosecution examined nine witnesses. The statement of the accused under Section 313 Cr.P.C. was also recorded. The accused examined two defence witnesses.