BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of the Sessions Judge, Balotra dated 15-10-71 by which he convicted the appellant Babu under section 436 I. P. C. and sentenced him to rigorous imprisonment for 11 years and to a fine of Rs. 200.00 in default whereof to rigorous imprisonment for two months. Rs.have heard arguments and perused the record.

(2.) The brief facts of the prosecution case were that on the night falling between 6-5-70 and 7-5-70, the Jhupa of Narana resident of Bhoortia was burnt in his absence by accused Chautha and Babu. Witnesses Bhersingh and Majna saw them doing so. The utensils, cot and other articles lying in the Jhupa were also destroyed by fire. It was also alleged that there was some tension between the accused and the complainant for sometime past before the occurrence. The police after investigation submitted a challan against both the accused persons under section 436 I P. C. in the court of Munsiff Magistrate, Barmer, but he committed accused Babu only for trial. The learned Sessions Judge after trial convicted and sentenced Babu as aforesaid.

(3.) The plea of the accused was that some words were exchanged between him and Narana regarding distribution of water. He was falsely implicated on account of this enmity. As a matter of fact, the Dhani was burnt by Jethmal Singh and few others on Baisakh Sudi 2 in the noon. On the day of occurrence, he was in Barmer. The Jhupa was not used for human-dwelling.