BHERULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his judgment dated 14-9-1993 learned Sessions Judge, Bhilwara convicted appellant Bherulal under Section 436, IPC and sentenced him to four years" rigorous imprisonment with a fine of Rs. 100/- and in default to undergo one month's rigorous imprisonment. Shankarlal appellant was convicted under Section 436/34, IPC and sentenced to four years' rigorous imprisonment with a fine of Rs. 100/- and in default to undergo one month's rigorous imprisonment. Appellants have assailed this finding of guilt and sentence.

(2.) Briefly stated, on 28-2-1983 Ratanlal submitted a type written report to the S. P. Bhilwara which was forwarded by him to the Station House Officer, Kotwali to register a case. Then the same was presented at 3.15 p.m. to the Circle Officer, who was present at Kotwali. The report stated that Ratanlal owned a house in Radha Krishan Colony. House of Daulat Ram was also situated there and before this house there was a wooden cabin where Manoharlal used to sell different items like pan, bidi, cigarette, confectionary etc. The cabin cost Rs. 1000/- and the property kept therein was of the value of Rs. 1500/-. It was further stated in the FIR that Bheru who was a neighbour of cabin used to fight with the informant time and again. They were on inimical terms. On an earlier occasion this Bheru Lal had assaulted the wife of complainant. Bherulal along with other 4-5 persons removed the cabin which belongs to the complainant. The cabin was taken to some distance and was burnt. It was Babu Singh who witnessed incident, objected to appellant but no heed was paid. It was further stated that the accused appellants were armed with knives. Case under Section 436, IPC was registered, investigated and ultimately Bherulal was tried for offence under Section 436, IPC while Shankarlal under Section 436/34, IPC. During trial quite a good number of witnesses were produced. Accused appellants were examined under Section 313, Cr.P.C. Bal Kishan examined himself on oath under Section 315, Cr.P.C. in defence. Learned Sessions Judge, after hearing both the parties as stated above, convicted and sentenced the appellants.

(3.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor at length and have gone through the record.