JUDGMENT :- This is a criminal appeal against the judgment and order dated 10-2-2004 passed by the then Addl. Sessions Judge/Fast Track Court, Tehri Garhwal in Sessions Trial No. 7 of 1996, State v. Umesh Charan Gusain, whereby the Addl. Sessions Judge has convicted the appellant under Section 436 IPC and sentenced him to undergo RI for three years and to pay fine of rupees ten thousand. In default of payment of fine, the appellant shall further undergo RI for three months.

2. The case of the prosecution, in brief, is that on 3-10-1994 at about 14.15 pm, the Uttarakhand Sangharsh Samiti agitators tried to burn the unoccupied residential house of the District Judge, Old Tehri. It is also pertinent to mention here that the District Judge was not residing in the said house, since he had shifted to his new residence at New Tehri. When the S. D. M. came to know of the above incident, he immediately reached at the residence and made arrangements to extinguish the fire. The said information was given to the police station, Tehri and a report was also lodged. Again on 4-10-1994, the agitators came at the unoccupied residential house of the District Judge, Old Tehri and set the house on fire

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