JOR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jor singh appellant has filed this appeal against the judgment dated 13th Feb. 1977, of Addl. Sessions Judge, Sikar in sessions Case No. 30 of 1975 convicting and sentencing the accused-appellant under S.436, IPC to two years' rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine to further undergo six months' rigorous imprisonment.

(2.) On 28th Feb., 1975 the accused-appellant Jor Singh reached the Dhani of Hardayal Singh at about 10 a.m. and then inquired as to why Ramu son of Hardayal Singh has not gone graze the cattle. Hardayal Singh's wife informed him that salary for two months amounting to Rs. 20/- has not been paid. The accused-appellant felt enraged and put the thatch (Chhappar) of residential premises of Hardayal Singh to fire. Hardayal Singh's wife came out with her grand son, but the accused tried to stop her. However, when the flames of the fire started affecting the accused himself, then he left the premises and Hardayal Singh's wife raised an alarm attracting neighbours and her husband also came from the field which was nearby. Even then the accused threw Hardayal Singh on the fencing and then there was intervention by the accused's wife and mother, who rescued Hardayal Singh, and took the accused with them. There was a loss of Rs.1500/- in addition to the currency notes of Rs. 140/-.

(3.) After the police report and the investigation, the accused was challenged and tried. After recording the evidence, conviction was recorded as above.