BHOM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Sessions Judge, Churu, by his judgment dated 28. 2. 79 has found appellant Bhom Singh guilty of an offence u/s 436 I. P. C. and has sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/- and in default to undergo, further, rigorous imprisonment of two months. Aggrieved, Bhom Singh has come in appeal.

(2.) BRIEFLY stated, the prosecution story is that PW 10 Smt. Naurti was the concubine of Thakur Kusalsingh, father of the appellant. Rs. 1400/- had been stolen from the house of Smt. Naurti and she suspected the appellant about this theft. It is alleged that there was some sort of quarrel between Smt. Naurti and Bhomsingh upon which Bhomsingh threatened to burn the 'tapra' of Smt. Naurti.

(3.) IN his statement u/s 313 Cr. P. C. the appellant admitted that on the fateful day, 50 to 60 houses in the village had been burnt but he has denied his complicity in the offence. According to him, Nathu Singh was away from Badsar that day. His statement is that he had even joined in extinguishing the fire and the allegation that he had set the 'bada' of Smt. Naurti on fire, is absolutely false. According to him, Ramu Ram was nephew of Dalu Ram. Dalu Ram and one Pema Ram had cultivated his land on crop share basis and a dispute arose between him and Dalu Ram on the question of division of the crop and, therefore, both of them, namely, Dalu Ram and Ramu Ram had a quarrel with him and had falsely implicated him. He did not lead any evidence-in defence.