RAM NARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Facts of the case in short are that on 08.03.2004 when complainant Daulatram was in his shop at Baldevpur, the appellants came there and demanded three packets of mixture (namkeen) on credit. On being refused by the complainant, the appellants started quarreled with him and accused Sukhlal and Umed caught hold of him and tied to the Kayat tree. It is alleged that the appellants put the shop of the complainant on fire, as a result of which he suffered loss of Rs. 2500/-. It is stated that the matter was sent to Panchayat but the appellants did not pay any head then the FIR (Ex.P-6) was registered against them by (PW-6). After completion of investigation, charge sheet was filed against the appellants under Sections 342, 436/34 IPC and 3 2(3) Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act followed by framing of charge accordingly.

(2.) Learned Court below vide judgment impugned dated 24.02.2005 passed in Special Case No. 95/2004 acquitted the accused/appellants under Sections 3 2(3) Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act but has held them guilty under Sections 342 and 436 IPC with imposition of sentence of two years RI and to pay fine of Rs. 300/- each under Section 436 IPC, RI for 6 months under Section 342 IPC. Hence, this appeal.

(3.) Counsel for the appellant submits that the judgment of conviction and order of sentence passed by trial court is arbitrary, illegal and contrary to the evidence collected by the prosecution. According to the allegation incident took place on 08.03.2004 at about 7.00 PM in the evening whereas the FIR was lodged on 11.03.2004 with a delay of four days and therefore it was lodged after due consultation with the relatives. Learned counsel for the appellants submits that the star witnesses have turned hostile and no one had proved that it was the appellants who set the shop of the complainant on fire. Learned counsel for the appellants submits that the appellants are implicated on the basis of suspicion and no offence under Section 436 IPC is proved against them beyond doubt.