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Babulal Parate vs State Of Maharashtra And Others on 12 January, 1961

I have given my thoughtful consideration to this argument. From the evidence of witnesses, it emerges that beneath the chhappar, one cot and bedding were lying along with the saplings of chillies. Thus, the prosecution case is that when the chhappar was put on fire, one cot and bedding along with the saplings of chillies were also burnt. Nowhere it has surfaced in the testimonies of PW.2 Raj Kumar, PW.3 Buta Singh and PW.9 Surinder Kumar, Photographer that any household article was also stored or lying in the chhappar or had been damaged. Whether the chhappar can be considered as a building for human dwelling falling Criminal Appeal No. 529-SB of 2002 6 within the ambit of Section 436 IPC or not was considered by the two Single Benches of this Court in Raj Singh v. State of Haryana 2003(2) Recent Criminal Reports 697 and Chander v. State of Haryana 2008 (4) Recent Criminal Reports 716, wherein a reliance was placed upon Babulal v. State AIR (39) 1952 Allahabad 146.
Supreme Court of India Cites 21 - Cited by 63 - J R Mudholkar - Full Document
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