SANTOSH KUMAR BANJAREE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is heard through Video Conferencing.

(2.) The appellant would call in question the legality and validity of the judgment dated 17.04.2013 passed by the 1st Additional Sessions Judge, Balodabazar, District Raipur, C.G. in ST No. 21/2012 whereby the appellant stands convicted under Section 436 of IPC and sentenced to undergo rigorous imprisonment for five years and fine of Rs.500/-, in default thereof to suffer rigorous imprisonment for one month.

(3.) Case of the prosecution, in brief, is that on 23.02.2012 when complainant-PW-5 Basant was sleeping in his house, at about 10:00 pm his Maternal Grandmother (PW-3 Leela Bai) heard some noise, she woke up and came out of her room and saw the appellant set on fire the house of complainant. As a result of which, complainant's property amounting to Rs.31,500/- was damaged and other household articles were burnt. Seeing this, she (PW-3 Leela Bai) started shouting and after hearing her voice villagers and complainant-Basant came there and tried to extinguish the fire. On seeing them, accused/appellant tried to escape from there and when complainant-Basant tried to catch him, he (appellant) somehow came out of his clutches and ran away from there. Then, on the next day i.e. 24.02.2012 FIR Ex.P-6 was lodged by complainant against the appellant. During investigation, spot map Ex.P-1 and panchnama of damaged property (household articles) amounting to Rs.31,500/- vide Ex.P-2 was prepared by PW-1 Sukhiram Sahu, Patwari. Burnt articles were seized vide Ex.P-3. Another Panchnama of damaged property Ex.P-4 and spot map Ex.P-7 were prepared by PW-6 J.K. Singha, Investigating Officer. Accused/appellant was arrested on 24.02.2012 vide Ex.P-8. After recording statements of the witnesses, charge sheet was filed against the appellant under Sections 436 and 429 of IPC. The trial Court framed the charge under Section 436 of IPC against the appellant which was denied by him and he prayed for trial.