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2014 DIGILAW 1308 (HP)

Dharam Singh v. State of H. P

2014-09-19

RAJIV SHARMA

body2014
Judgment : Justice Rajiv Sharma, J. This Criminal Revision is instituted against the judgment rendered by the learned Addl. Sessions Judge, Ghumarwin, Distt. Bilaspur, H.P., in Sessions Trial No. 26/7 of 2004/2003, dated 25.11.2004, whereby respondent No. 2 (hereinafter referred to as the accused), who was charged with and tried for offence under Section 436 IPC, has been acquitted. 2. The case of the prosecution, in a nut shell, is that on 26.11.2002 at about 8:45 AM, Smt. Jai Dei (PW-1), resident of Ropa Ghulater, went to her cowshed. She saw the accused standing at the door of the cowshed of Dharam Singh. There was fire inside the cowshed. In the meantime, Smt. Banti Devi, wife of Sadda Ram, came there and started extinguishing the fire. Smt. Jai Dei raised an alarm and called the co-villagers for help. The villagers came on the spot. They extinguished the fire. The petitioner Dharam Singh was employed at Shimla. He informed the police at Police Station, Ghumarwin on telephone that his cow shed has been set on fire at Ghumarwin. The police went to the spot. The statement of PW-1 Jai Dei was recorded vide Ext. PA under Section 154 Cr.P.C. FIR Ext. PW-8/A was registered under Section 436 IPC. The police investigated the matter and challan was put up after completing all the codal formalities. 3. The prosecution has examined as many as 10 witnesses to prove its case. The statement of the accused under Section 313 Cr.P.C. was recorded. The accused has denied the case of the prosecution. The learned Addl. Sessions Judge, Ghumarwin, on 25.11.2004 acquitted the accused, hence this revision petition. 5. I have heard learned counsel for both the sides and gone through the judgment and record very carefully. 6. PW-1, Smt. Jai Dei testified that on 26.11.2002 at about 8:45 AM when she went to the cowshed the accused Chaman Lal was coming out of the cow shed of Dharam Singh. Smoke was rising from inside the cow shed of Dharam Singh. She shouted for help. The co-villagers reached the spot including her mother-in-law, Shankar Dass and Tulsi Ram. They brought the buffaloes out of the cow shed of Dharam Singh. 7. PW-2, Shankar Dass testified that on 26.11.2002 when he reached his house after fetching water from the water tap, he saw cowshed of Dharam Singh burning and villagers extinguishing the fire. The co-villagers reached the spot including her mother-in-law, Shankar Dass and Tulsi Ram. They brought the buffaloes out of the cow shed of Dharam Singh. 7. PW-2, Shankar Dass testified that on 26.11.2002 when he reached his house after fetching water from the water tap, he saw cowshed of Dharam Singh burning and villagers extinguishing the fire. He went to the spot. Jai Dei (PW-1) was saying that the cowshed was set on fire by the accused Chaman Lal. Banti Devi, mother of the accused was also at the spot and was also extinguishing the fire. 8. PW-3, Sundari Devi is the mother-in-law of Jai Dei, PW-1. She also deposed that on 26.11.2002, she went to the spot at about 9:15 AM. She also saw the accused coming out of the cowshed of Dharam Singh. There was fire inside the cowshed of Dharam Singh. She cried for help. Jai Dei and Dila Ram were present there. Thereafter, villagers came and extinguished the fire. She also stated that the accused Chaman Lal had set on fire the cowshed and threatened them earlier. She admitted in her cross-examination that her family was not having good terms with the family of the accused due to litigation. 9. PW-4, Kamla Devi is the wife of Dharam Singh. She deposed that on 26.11.2002, she had brought buffaloes out of the cowshed at about 8:00 AM and had tethered the same in the courtyard and thereafter she went to jungle. She heard noise when she was on her way to jungle. She came back and saw that several persons were extinguishing the fire in the cowshed. Jai Dei and her mother-in-law Sundri told her that the cowshed was set on fire by the accused. 10. PW-5, Dharam Singh deposed that on 26.11.2002 at about 12:45 PM, he received message on telephone from his son that his cowshed in the village has been set on fire by the accused. Thereafter, he informed the police on telephone. He came to the village on 27.11.2002. 11. PW-6, Dila Ram is the brother-in-law of Dharam Singh. He deposed that he went to the house of Dharam Singh. Nobody was in the house. He went towards the cowshed of Dharam Singh and saw the accused coming out from the cowshed. There was fire inside the cowshed. He stated that 35-40 big bundles of grass were kept in the courtyard. He deposed that he went to the house of Dharam Singh. Nobody was in the house. He went towards the cowshed of Dharam Singh and saw the accused coming out from the cowshed. There was fire inside the cowshed. He stated that 35-40 big bundles of grass were kept in the courtyard. These were put on fire by the accused. 12. PW-7, Sher Singh is the brother of Dharam Singh. He stated that on 30.11.2002, when he was coming to his village from Bilaspur, he was attacked by the accused Chaman Lal, his father and one Tulsi Ram with ‘darat’ and dandas. The accused and his family was inimical towards them and due to enmity the accused had set the cowshed of Dharam Singh on fire. 13. PW-8, ASI Ashok Kumar recorded F.I.R. Ext. PW-8/A on the basis of statement Ext. PA. 14. PW-9, Constable Daulat Ram is a formal witness. 15. PW-10, ASI Ram Dass testified that on 26.11.2002 after receiving a telephonic message, he went to the spot. He recorded the statement of Jai Dei Ext. PA under Section 154 Cr.P.C. FIR was registered. He prepared the site plan. He also took pictures Ext. P-3 to P-10. 16. According to PW-1, Jai Dei, she went to her cowshed at about 8:45 AM and saw the accused coming out of the cowshed of Dharam Singh. However, she has made improvement in her statement. In Ext. PA ‘rukka’, it is stated that she saw the accused standing on the door of the cowshed. PW-3, Sundri Devi testified that she went to the spot at about 9:15 AM. She saw accused coming out of the cowshed of Dharam Singh and there was fire inside the cowshed. According to Jai Dei (PW-1), the incident took place at about 8:45 AM but according to PW-3 Sundri Devi, it happened at 9:15 AM. If the accused had set the cowshed on fire at 8:45 AM, there was no occasion to the accused to come out at 9:15 AM from the cowshed. 17. PW-3 Sundri Devi, mother-in-law of Jai Dei (PW-1) has also admitted that her family was not having good terms with the family of the accused due to litigation. According to PW-1 Jai Dei, co-villagers had come to put off the fire. However, PW-2 Shankar Dass, testified that the accused and his mother Banti were also extinguishing the fire. 17. PW-3 Sundri Devi, mother-in-law of Jai Dei (PW-1) has also admitted that her family was not having good terms with the family of the accused due to litigation. According to PW-1 Jai Dei, co-villagers had come to put off the fire. However, PW-2 Shankar Dass, testified that the accused and his mother Banti were also extinguishing the fire. PW-4, Kamla Devi is the interested witness. She was not present on the spot. She was told by PW-1, Jai Dei and her mother-in-law (PW-3) Sundri, about the incident. PW-6, Dila Ram is the brother-in-law of Dharam Singh. According to him, the accused has also put on fire the grass. It was not at all the case of the prosecution. 18. It has come on record that the cowshed of the father of the accused Sh. Sadda Ram and of Dharam Singh were adjoining. The accused was not supposed to put on fire the cowshed adjoining to his father’s cowshed, knowing fully that the fire would also engulf his father’s cowshed. According to PW-4 Kamla Devi, she had already taken the cattle out of the cowshed at 8:00 AM. However, PW-1 Jai Dei deposed that she, with the help of other co-villagers, had brought the buffaloes of Dharam Singh out of the cowshed. 19. According to PW-1 Jai Dei, she was first to reach the spot. However, PW-6, Dila Ram deposed that he went to the spot first of all and saw the accused coming out of the cowshed. PW-1 Jai Dei, has not deposed that PW-6 Dila Ram, was already on the spot before her. Moreover, in case PW-6, Dila Ram had reached the spot, his name was bound to be recorded in the statement of PW-1 Jai Dei, Ext. PA. 20. The prosecution has only examined the closely related witnesses of the petitioner. The prosecution has not examined Pradhan or Up-Pradhan of the Gram Panchayat, though they were available on the spot. PW-1, Jai Dei is sister-in-law of Dharam Singh while PW-3, Sundri Devi is also from the family of Dharam Singh. PW-4, Kamla Devi is the wife of Dharam Singh. PW-6, Dila Ram is brother-in-law of Dharam Singh. It has also come on record that there was litigation between the family of Dharam Singh and the father of the accused, Sadda Ram. 21. PW-4, Kamla Devi is the wife of Dharam Singh. PW-6, Dila Ram is brother-in-law of Dharam Singh. It has also come on record that there was litigation between the family of Dharam Singh and the father of the accused, Sadda Ram. 21. The prosecution has miserably failed to prove that the accused has put the cowshed on fire. There are major contradictions and discrepancies in the statements of the prosecution witnesses. They do not inspire any confidence. The trial Court has correctly appreciated the evidence available on record. This Court is not inclined to interfere with the well reasoned judgment of the trial Court. The Revision Petition is accordingly dismissed.