KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is arising out of the judgment dated 08th passed by the Additional Sessions Judge, Kishangarh Bas, in # No. 23/85 by which he has convicted and sentenced the ' Section 435 I.RC. to one year rigorous imprisonment and fine of Rs. 2000/-. in default of the payment of fine further R.l. for 6 months.

(2.) The brief facts of the case are that on 17.12.1984 at about 4.00 P.M. a type copy of First Information Report (Ex.P-1) was lodged by complainant Durga Ram (PW-2) and Gopi Chandra (PW-1) in Police Station, Tijara with this fact that on 17.12.1984 in the morning at about 10-11 A.M., when they came in Kishangarhbas from their Village Sahabad then in their absence accused-respondent Kailash fired their residential Chappar. In the Chappar of Gopi (PW-1) there were five sets of beds, five coats, Bajara and Rs. 200/- cash, leather and one child-goat, all were fired. In the Chappar of Durga Ram (PW-2) there were five sets of beds, coats, four hen, Bajara and Rs. 130/- cash were also fired.

(3.) Lakh Ram (PW. 5) and Kanwar Singh (P.W.-4) had seen the accused-respondent fired their residential Chappar. They informed by Data Ram (P.W. 3) that accused-respondent fired their residential chappar.