HERSON Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 19.11.1998 passed by the IInd Additional Sessions Judge, Baloda Bazar in Sessions Trial No.155/89 convicting the accused/appellants under Sections 147, 323/149 & 323/149 of the Indian Penal Code (for short, 'the IPC') and sentencing them to undergo rigorous imprisonment for six months and rigorous imprisonment for one years & to pay fine of Rs.500.00each, in default of payment of fine, additional S.I. for three months each.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellants as aforementioned and thereby committed illegality.

(3.) Brief facts of the case are that on 26.03.1989, Naresh Kumar, S/o complainant ­ Sosalbai and others have taken Madar to play it, accused Hesron has broken the said Madar, on which Brijkumar, husband of complainant, has demanded money from accused Hesron and some free fight took place between them. Brijkumar getting afraid and went to the house of Janwasan, thereafter, Hesron, Yahava, Saradhu and other accused persons had threatened him, knocked the door and threatened to set the house on fire. Complainant Sosalbai got afraid and had gone to her mother's house and at night at 9.00 p.m., when she was in her mother's house, accused Yahava, Saradhu and other accused persons were going towards her house, after sometime she saw that her house was burning and accused persons were fleeing away. FIR (Ex.P-4) was lodged by the complainant on the second day morning.