- (1.) CHALLENGE in this appeal is to the judgment and order dated 03.08.2009 passed by Sri R.K. Mishra, the then Addl. Sessions Judge, Court No.5, Etah in S.T. No. 446 -A of 2005 which was connected with S.T. No. 446 of 2005, State vs. Shripal and another, whereby only the appellant had been convicted for the offence punishable under section 436 IPC and had been sentenced to undergo rigorous imprisonment for eight years and fine of Rs. 2,000/ - with default stipulation. However, the appellant had been acquitted u/s 506 IPC and accused Shri Pal and Lala Ram, who were being tried in S. T. no. 446 of 2005 had been acquitted on all counts.
(2.) TERSELY the facts and evidence unfolded during investtigation and trial are that on 03.06.2003 complainant Ramesh Chandra s/o Ram Lal filed an application under section 156(3) Cr.P.C. in the Court of First Additional Chief Judicial Magistrate, Etah against Shripal s/o Narayan Singh, Lala Ram s/o Ghasi Ram and appellant Ram Bilas alleging that the complainant is engaged in tailoring business at home and accused Sripal and Lala Ram bore enmity with him. On 02.04.2003 they fuddled his nephew Ram Vilas who set his Chhappar ablaze by pouring kerosene at about 7.30 P.M., whereby several cloths/clothes including Razai, Mattress, four coats and other household goods of about Rs. 5,000/ - and four cocks worth Rs. 1200/ - were burnt to ashes. The complainant and his wife have seen the accused Shripal, Lala Ram and Ram Vilas identified them in the flame of fire from the roof of the house and on their noise the accused persons made their escape good. The village people after breaking the wall took out the complainant and his wife. The fire brigade vehicle also arrived and they controlled the fire else the entire village would have burnt. It was further stated in the application that complainant went to lodge the report but it was not taken by the police. Thereafter he sent an application to S.S.P. Etah on 26.05.2003 but it did not yield result, so he has filed the application in the Court. The learned Magistrate after hearing the counsel for the complainant directed the police to register and investigate the case vide order dated 09.06.2003. The case was registered on 20.06.2003 at 3.30 P.M., investigation whereof was entrusted to HCP Kartar Singh. He interrogated the witnesses prepared site plan after visiting the place of occurrence. The investigation of the case ended in charge -sheet against all the three named accused including the appellant.
(3.) AFTER committal of the case to the Court of Session charges for the offence punishable under section 436 read with section 34 and 506 IPC were framed against the accused, who abjured their guilt and claimed trial. In order to prove its case the prosecution has examined complainant Ramesh PW -1, Smt. Dropa PW -2, Constable Mohan Lal PW -3, SI Kartar Singh PW -4 and Constable Surendra Singh PW -5.;