UDAY PRATAP SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.8.2008 passed by Additional Sessions Judge Gariyaband, District Raipur in Sessions Trial No. 12/2008 convicting the accused/appellants under Section 436/34 IPC and sentencing each of them to undergo rigorous imprisonment for ten years with fine of Rs. 10,000/-, plus default stipulations.

(2.) Facts of the case in brief are that on 14.3.2008 the accused/appellants set on fire the house and shop of complainant Lakhan Sahu (PW-1) as a result of which two rooms and the grocery items worth Rs. 1,50,000/- got burnt. Written report Ex. P-1 was lodged by the complainant and after inquiry FIR Ex. P-6 was registered against unknown persons. Further case of the prosecution is that about 25 days after the incident Devi Singh (PW-2) made the statement on 9.4.2008 before the police to the effect that he had seen the accused/appellants setting on fire the house/shop of the complainant and based on that further investigation was done and charge-sheet for the offence punishable under Section 436 was filed against them followed by framing of charge under Section 436/34 IPC.

(3.) So as to hold the accused/appellants guilty, prosecution has examined 09 witnesses in support of its case. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.