TRIBHUVAN DAS @ KALLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 07.12.2002 passed by Additional Sessions Judge, Baikunthpur, District-Koria (C.G.) in Session Trial No. 232/2002, wherein the said court convicted both the appellants for commission of offence under Section 436 of IPC, 1860 and sentenced to undergo R.I. for 3 years and fine of Rs. 3000/- each with further default stipulations.

(2.) As per version of the prosecution, on the date of incident i.e. on 05.02.2002 at about 12:00 p.m. in night, the appellants committed mischief by fire to betel shop of the complainant-Deosharan. The matter was reported, the appellants were charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-