MEHAR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal, is, directed by the convict/ accused/appellant, against, the pronouncement made by the Additional Sessions judge (I), Shimla, H.P., upon Sessions Trial No.3-R/7 of 2015/13, whereunder, he convicted, besides imposed consequent sentence, upon, the convict/accused, for, his committing an offence punishable under Section 436 of the IPC.

(2.) The facts relevant to decide the instant case are that on 20.04.2013, a telephonic call was received in police station Roharu from Mali Kimoli Devta temple that one person was apprehended, who had put the fire in Kimoli temple. On the aforesaid information, ASI Sumiter Singh along with other police officials visited the spot, whereat, ASI Sumiter Singh recorded statement of complainant Baby Bekta under Section 154 Cr.P.C., to the effect that on 20.4.2013 at about 4.00 a.m, when he was sleeping, got awakened on seeing the fire set in the village temple Pakhu. He had also got awakened other villagers by yelling. Thereafter, all the villagers had gone together nearby the temple where they saw accused Mehar Singh son of Sh. Karam Singh, who was putting fire by collecting grass on the roof of the temple. Firstly, they all put off the fire and thereafter, apprehended the accused. On the aforesaid statement made by the complainant, the police recorded the FIR against the accused.. The police, thereafter carried and concluded all the investigation(s) formalities.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.