KESA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Kesha Ram has been convicted under Sec. 436 I.P.C. and has been sentenced to three years rigorous imprisonment and to a fine of Rs. 501/-, in default of payment of fine to undergo five months further imprisonment by the learned Sessions Judge, Pali by his judgment dated 22-8-74.

(2.) The prosecution story in brief is that the complainant Hira Lal was residing in his jhunpa on his field Bera Bamniya situated in village Dewli. On 2-10-73 at about 8 or 9 p.m., he was in his jhunpa and was lying on a cot. It is said that the accused came there and set his jhunpa to fire. Thereupon, he raised an alarm. His son Dadhmat, Mukna and Bhoma arrived there. He exhorted that the accused has set the jhunpa ablazed. On his alarm the accused had run away. After sometime Ganesh Chowkidar also arrived there. As a result of setting his jhunpa to fire, his belongings were burnt. A sum of Rs. 375.00 was in the pocket of his coat. That was burnt. Efforts to extinguish fire were made but nothing could be saved. The report of the occurrence was lodged by the complainant Hira Lal on 3.10.73 at 10.30 a.m. at the Police Station, Jaitaran, which is at a distance of about more than 10 miles. On his report, case under section 436 I.P.O. was registered by Hari Singh, S.H.O. PW 6. Thereafter, the S.H.O. visited the spot and prepared the site plan and the site notes Ex. P. 2. He found the jhunpa in a burnt condition and ashes and live fire were present and at some places little smoke was also coming. From the site he seized two tins and one box which contained burnt flour etc. Investigation was then conducted from witnesses.

(3.) After completion of the investigation, charge sheet was presented against the accused in the Court of Munsif Magistrate, Jaitaran, who committed the case to the Sessions Judge, Pali for trial. The accused was charged for offence under section 436 I.P.C. to which he pleaded not guilty and claimed to be tried. Prosecution in this case examined Hira Lal Brahman PW 1, Bhoma Kumhar PW 2, Sohan Singh Motbir of site inspection PW3, Ganesh PW 4, Dadhmat complainants son PW2 and Hari Singh S.H.O. PW6.