The central legal point established in the judgment is the interpretation of the term 'building' under Section 436, IPC and the offense of giving false information to a public servant under Section 182, IPC.

1. The case of the prosecution is that on 20-2-1999 at about 10.00 a.m. when the petitioner along with his father and other family members was present in his house. Dalpat Sarpanch, Ram Niwas, Ranbir, Ravinder, Raj Karan, Balbir, Surender, Shiv Lal, Vinod and Leela came and started demolishing 5 feet boundary wall. They were restrained from doing so but they did not pay any heed. The assailants also stated that they will put the house of the petitioner on fire and after this, the petitioner will be thrown in the fire. Dalpat Singh put his chhan on fire adjoining to his residential house. The petitioner along with his family members ran away from the spot due to the fire. On seeing the fire many people of the village collected there and on seeing the persons, the assailants ran away from the spot. The buffaloes tied near the chhan were saved with great difficulty.

2. After investigation report under Section 173, Cr. P. C. was presented before the illaqua magistrate under Sections 147, 148, 506, IPC. Regarding offence under Section 436, I.P.C. it was mentioned that the proceedings under Section 182, Cr. P. C. be initiated against the petitioner as he has put his chhan on fire and has made a false report. The case was committed to the Court of Sessions. The learned Additional Sessions Judge, Bhiwani framed the charge under Sections 147, 148 and 506, I.P.C. against 11 accused persons and the petitioner was charge sheeted under Section 436, I.P.C.

3. Shri Baldev Singh, learned Senior Counsel submitted that the order framing the charge against the petitioner under Section 436, I.P.C. is erroneous. He contended that if the report of the petitioner given to the police is found to be false, then the petitioner can be prosecuted under the relevant provision i.e. under Section 182, Cr. P. C. but he cannot be charge-sheeted under Section 436, I.P.C. He further contended that no offence under Section 436, I.P.C. is made out as the chhan does not come under the definition of building. In support of his submissions, he has relied upon Smt. Jashmero V/s. State of Haryana, 1979 81 PunLR 420.

4. Shri K. S. Chauhan, DAG, Haryana submitted that it has come on the record that the petitioner has put his own chhan on fire and he has tried to falsely implicate, Raj Karan, Ranbir, Ravinder, Vinod Kumar, Shiv Lal, Kartar Singh, Ram Niwas, Surender, Ghasi Ram, Balbir, Mukhtiar alias Lali. He contended that whoever commits any mischief to his own property or to the property of anyone else, he commits the offence under Section 436, I.P.C. He further submitted that trial Court has rightly framed charge against the petitioner.

5. I have given my thoughtful consideration to the rival contentions of the learned Counsel for both the parties and have perused the record.

6. The petitioner lodged the complaint with the police that Dalpat Sarpanch and others have put his chhan on fire but during investigation, it was found that chhan was set on fire by the petitioner himself and for that he was charge-sheeted under Section 436, I.P.C. Section 436, I.P.C. reads as under :-

"436. Mischief by fire or explosive substance with intent to destory house, etc.- Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody or property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine."

7. Mischief has been defined in Section 425, I.P.C. which reads as under :-

"Mischief.- Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects