PIAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellants against the judgment of the Court of learned Sessions Judge, Mandi, dated 6.9.2000, vide which the appellants were held guilty under Sections 451 and 436 read with Section 34 I.P.C. and were sentenced as under: Under Section 451 IPC:

(2.) BRIEFLY stated the facts of the case are that on 1.6.1997, an information was received by the police at 8.10 p.m. that a fire had taken place in the shops at Kanaid. On receipt of this information, MHC Police Station, Balh gave information to MHC Police Station, Sundernagar about this fact and entry at serial No. 30 was recorded at 8.30 p.m. by MC at Police Station, Sundernagar. Thereafter, SI/SHO alongwith ASI Harish Chand and other police officials proceeded to the spot in a Mini Bus. He reached there and recorded the statement of PW -5 Budhi Singh, owner of the liquor vend. He alleged that he had given his shop on rent to Ashwani Kumar, liquor vend contractor. Today at 7.45 p.m., he was standing outside the liquor vend on the side of the road alongwith Man Singh and his younger brother Ghanshyam. He stated that both the appellants hereinafter referred to as the accused came there on a Scooter No. HP 31 -0061, went inside the liquor vend and demanded liquor from Surajmani, a Salesman on credit. He stated that these persons were already under the influence of liquor. The said Salesman refused to give the liquor on credit and both the appellants picked up some bottles, broke them and the Salesman raised an alarm for help. He alongwith other persons went there to save him and the accused persons took out the broken bottles, gave a threat to him that they will set the liquor vend on fire. Thereafter, appellant Piar Singh took a matchbox from co -appellant Kinder Singh and set the liquor vend on fire. The Salesman was rescued by Budhi Singh and others. He raised an alarm and several persons gathered there and information was also sent to Fire Brigade people who came there. He suffered damage to the shop to the extent of Rs. 25,000/ - or Rs. 30,000/ - in this fire. This statement of Budhi Singh was recorded at 9.30 p.m. and on the basis of this report, FIR Ext. PW13/E was registered at 10.00 p.m.

(3.) I have heard learned Counsel for the parties and have also gone through the record.