KHACHORA Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of CrPC has been filed against the judgment and sentence dated 17/10/2011 passed by Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No. 104/2011, by which the appellant has been convicted under Section 436 of IPC and has been sentenced to undergo the rigorous imprisonment of five years and a fine of Rs.1,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that in the intervening night of 25-26th March, 2011, the complainant Kamarlal was in his house and the appellant came to his house and started abusing him and when the complainant objected to it, then the appellant went back after extending a threat of setting his house on fire. At about 2:00 am in the night, the appellant again came back and set his house on fire and when the complainant came out of his house, he found that the appellant was standing there and when the complainant raised an alarm, he ran away. It is alleged that the loss of approximately Rs.3,000/- was caused to the house of the complainant. On the report lodged by Kamarlal ExP1, the police registered Crime No. 33/2011 for offence under Sections, 436, 294, 506 of IPC. The damage was assessed vide Panchnama Ex.P3. The spot map Ex.P2 was prepared. The ashes were seized vide seizure memo Ex.P4. The appellant was arrested vide arrest memo ExP5. The police, after completing the investigation, filed the charge sheet for offence under Sections 436, 294, 506 of IPC.

(3.) The Trial Court by order dated 07/06/2011 framed the charge under Section 436 of IPC.