MAHENDRA SINGH GHURWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant stands convicted for the offence punishable under Section 436 IPC and have been sentenced to undergo RI for 10 years with fine of Rs.1000/- with default stipulation, vide judgment dated 09.09.2008 passed by the Additional Sessions Judge, Gariyaband, Distt. Raipur in Sessions Trial No.20 of 2008.

(2.) Since the counsel appearing for the appellant, inspite of repeated calls, were not present before the court, this court considering the seniority of the case, requested Shri Akhand Pratap, Advocate, to assist the court for disposal of the appeal.

(3.) The case of the prosecution is that, an FIR was lodged on 16.06.2008 by PW-1, Tejraj Nagesh, PW-1, as regards his cattle house (Kotha) was set on fire by the present appellant. When the villagers had seen the cattle house on fire and informed him, he came out of the house and saw the appellant running from the place of occurrence and he identified the appellant from his shirt which he was wearing. After the FIR was lodged and investigation was done, the appellant was arrested on the same day and a case was registered against the appellant for the offence under Section 436 IPC.