- (1.) By way of this judgment, I am disposing of Criminal Appeal No. 164-SB of 1992, filed by appellant-Manoj, against his conviction under Section 436, IPC and sentence of RI for three years and to pay a fine of Rs. 2000/- in default of payment of fine, RI for three months, as recorded by the learned Sessions Judge, Gurgaon vide judgment dated 8-4-1992 and order dated 9-4-1992 and Criminal Appeal No. 283-SB of 1992, filed by the State for enhancement of sentences of imprisonment and fine imposed upon the appellant-Manoj.
(2.) The facts giving rise to the present case are that complainant-Chander Prabha and her husband Surinder Pal were running Gulmarg Restaurant in the city of Gurgaon. On November 4, 1990 at 8.00 p.m., the appellant along with some taxi drivers came to the said restaurant while they were under influence of liquor. They started abusing the complainant and damaging the articles lying there. The husband of the complainant tried to control the situation. Accused tried to give beating to the husband of the complainant and also damaged the motor cycle. The matter was reported to the police but the accused managed to run away. However, while fleeing from the spot, the accused held out a threat that he set the restaurant of the complainant on fire.
(3.) The same night Manoj-accused came back and set the restaurant on fire. At that time, Ramesh PW5 and Raghuraj PW6 who were servants of the complainant were sleeping there. Raghuraj PW6 went to the house of complainant-Chander Prabha and informed her that Manoj accused had set the restaurant on fire and further that Ramesh PW5 had apprehended the accused. Complainant and her husband Surinder Pal while accompanied by their son went to the place of occurrence and saw that the restaurant was on fire. Complainant asked her son to summon the Fire Brigade, which arrived a little later and the fire was put off. Complainant Chander Prabha PW4 submitted a written complaint Ex.PB to the police, on the basis of which FIR No. 738 (Ex.PB/1) was registered at Police Station City, Gurgaon on 5-11-1990 under Section 426, IPC.;