1. The challenge in this appeal is to the conviction and sentence imposed upon the appellant by way of judgment and order, dated 31.7.2010, rendered by the Additional Sessions Judge, Jalgaon, in Sessions Case No. 100 of 2009, thereby convicting the appellant (original accused) for the offences punishable under Sections 427 and 436 of the Indian Penal Code and sentencing him to suffer R.I. for five years and to pay fine of Rs.2,000/, in default to suffer further R.I. for three months.

2. Briefly stated, the facts of the prosecution case are as follows:

It is alleged that the first informant PW2 Vasant Sadashiv Talwekar was residing in his house at 83, Samrat Colony, Jalgaon, along with his wife and four daughters, namely Sarita, Kavita and Dolly and his eldest daughter Mamta was married and his youngest daughter Dolly was taking education in 12th standard and rest of the two daughters, namely Sarita and Kavita used to work in album. One Shaikh Altaf, who was resident of Erandol and claimed to be an actor, introduced Sarita and Kavita to the accused, namely Suyash Rajiv Mulukh, resident of “Sai Shraddha”, Lokhandwala Complex, Plot No. 302, 2nd floor, Andheri, Mumbai, who posed himself to be a producer of film “Savali”. The accused allegedly gave offer to PW3 Sarita to be heroin in his film “Savali” and she also consented therefor. However, later on PW3 Sarita came to know that accused was a cheat and defrauded other persons, and hence, she refused to work in his film, and resultantly, the accused got annoyed and threatened her and her family members that he would throw acid on the face of Sarita and would burn her house.

3. It is the case of the prosecution that the incident took place at about 2.00 a.m. on 3.3.2009, when PW2 complainant Vasant and his family members i.e. the wife and daughters were asleep in their house. Since smell of burning of cable was noticed, PW2 Vasant woke up and saw that the door of his house was burning, as there was fire. Hence, he came out of the house and saw that the accused was running from out house. He, therefore, attempted to extinguish the fire, but sustained burn injuries on his face and both the legs. However, the clothes, DVD, beds, fan, TV, etc. in his house had caught fire. Some of the neighbourers tried to catch the accused, but he escaped and also said neighbourers extinguished the fire and the complainant was removed to the Civil Hospital, Jalgaon for medical treatment.

4. PW5 Dr.Pramod Devraj was attached to the Civil Hospital, Jalgaon as Medical Officer at the relevant time and he examined complainant PW2 Vasant and found burn injuries on his both legs below knee and also on the left forearm, which were approximately 6% and he gave treatment to him as OPD patient and after treatment he gave discharge to him. He also issued the M.L.C./injury certificate, which is produced at Exh. 36.

5. It is also the case of the prosecution that PW6 A.P.I. Kishor Laxman Bagul was attached to the M.I.D.C. Police station at the relevant time and the complaint (Exh.12) lodged by PW2 Vasant on 5.3.2009 was recorded by P.S.I. More and on the basis of the said report, crime was registered against the accused under C.R. No. 35 of 2009 for the offences under Sections 436, 337 and 506 of the Indian Penal Code and investigation was assigned to PW6 P.S.I. Bagul. Accorgingly, he arrested the accused on 5.3.2009 and went to the spot of the incident and drew the spot panchanama (Exh.10) in presence of panch witness PW1 Dinesh Namdeo Marathe. Moreover, the photographs of the scene of the offence were taken, which are produced at Exhs. 41 to 44. Since the complainant also suffered burn injuries on his legs while extinguishing the fire, photographs of his legs were taken. Moreover, map of the scene of the offence was got prepared through the City Survey Officer, which is attached to the spot panchanama. The statements of the witnesses and the neighboures were recorded. Accordingly, after completion of in