SIDDHARTHA VARMA,J. - (1.) The instant appeal has been preferred against the judgment and order dated 14.7.2014 passed by the learned Special Judge (SC and S.T.Act)/Additional Sessions Judge Court No. 2 Farrukhabad in Sessions Trial No. 38 of 2013 arising out of Case crime No. 382 of 2009 under section 436 IPC read with section 3 (2) (5) S.C. and S.T.Act Police Station Rajepur District Farrukhabad whereby the appellant has been convicted and sentenced to undergo life imprisonment with fine of Rs. 10,000/-. In default of payment of fine, the appellant was directed to serve out additional imprisonment of six months. On deposit of fine, half of the amount was directed to be paid to the complainant as solatium.
(2.) The emanation of facts from the prosecution in a short conspectus is that the complainant Vedpal son of Chhavinath hailing to Jatav caste resident of Gram Khandauli Police Station Rajepur unravelled that he has a thatched dwelling at Gram Khandauli in which he in association with his family members was living. The complainant had also set his household articles in that dwelling. On the fateful day of 26.6.2009 the complainant and his family members were lying in the said dwelling. At about 10.00 "O" clock at night Lalla son of Brijpal resident of village Seere Chakarpur set ablaze to his dwelling from behind. The fire took horrible shape and looking to the flames of the fire ,the complainant and his family members came out from the dwelling and saw that the appellant was fleeing after torching his dwelling. The complainant raised alarm and scream that Lalla had torched his habitant. On hearing the shriek and shrill of the complainant and his family members, his neighbours Kunnoo Singh son of Pratap Singh and Rajveer Singh son of Mahendra Pal Singh came on the spot with torches. They had also seen the appellant Lalla fleeing from the placing of occurrence after setting ablaze to his inhabitant. The household articles of the complainant was also reduced to dust. The fire was doused with great resistance. On this information, the first information report was lodged against Lalla (appellant) by the complainant vide Case Crime No. 382 of 2009 under section 436 IPC read with section 3 (2) (5) S.C. and S.T.Act Police Station Rajepur District Farrukhabad on 4.7.2009 at about 13.30 hours with respect to the incident dated 26.6.2009 occurred at 10.00 'O' clock at night. On being interrogated by the Head Constable to which community the appellant was hailing, the complainant answered that the appellant was belonging to the caste of Thakur.After registration of the first information report, the investigation was entrusted to Yogendra Prasad Gautam (P.W.5). He proceeded to investigate the place of occurrence in the presence of witnesses on 4.7.2009 and prepared the site plan portraying the place from where the accused fled away after setting ablaze the thatched dwelling of the complainant. He also marked the place of occurrence "A" in the site plan proved as Ext.Ka.5 .The investigating officer recorded the statement of the complainant and the witnesses. He completed necessary formalities and after collecting the clinching and credible evidence, he submitted charge sheet against the accused appellant showing his complicity in the commission of the said offence. The charge sheet was duly marked as Ext. Ka.6 .
(3.) On the basis of material on record, charges were framed against the appellant under section 436 IPC read with section 3(2)(5) S.C. and S.T.Act. The accused appellant abjured all the charges levelled against him and pleaded for innocence. To substantiate the prosecution case, the learned trial court examined Ved Pal (P.W.1), Rajveer (P.W.2), Rajpal (P.W.3), H.C. Dinesh Kumar (P.W.4), retired Dy. Superintendent of Police Yogendra Prasad Gautam (P.W.5) .;