MAHESH CHANDRA SHARMA,J. - (1.) This appeal is arising out of the judgment dated 08th passed by the Additional Sessions Judge, Kishangarh Bas, in # No. 23/85 by which he has convicted and sentenced the ' Section 435 I.RC. to one year rigorous imprisonment and fine of Rs. 2000/-. in default of the payment of fine further R.l. for 6 months.
(2.) The brief facts of the case are that on 17.12.1984 at about 4.00 P.M. a type copy of First Information Report (Ex.P-1) was lodged by complainant Durga Ram (PW-2) and Gopi Chandra (PW-1) in Police Station, Tijara with this fact that on 17.12.1984 in the morning at about 10-11 A.M., when they came in Kishangarhbas from their Village Sahabad then in their absence accused-respondent Kailash fired their residential Chappar. In the Chappar of Gopi (PW-1) there were five sets of beds, five coats, Bajara and Rs. 200/- cash, leather and one child-goat, all were fired. In the Chappar of Durga Ram (PW-2) there were five sets of beds, coats, four hen, Bajara and Rs. 130/- cash were also fired.
(3.) Lakh Ram (PW. 5) and Kanwar Singh (P.W.-4) had seen the accused-respondent fired their residential Chappar. They informed by Data Ram (P.W. 3) that accused-respondent fired their residential chappar. Upon the said report, the police registered the case under Section 436 I.RC. After investigation the police filed a challan before the Magistrate concerned and the Magistrate concerned has committed the case to the Court of Additional Sessions Judge, Kishangarh Bas, Alwar. The learned Additional Sessions Judge, Kishangarh Bas, Alwar has framed the charge for the offence under Section 436 I.RC. and same was read over and explained to the accused-respondent who denied for the same and demanded for trial. The prosecution in support of his case examined as many as 7 witnesses and got exhibited certain documents. The statement of accused appellant was recorded under Section 313 Cr.RC. ;