NETRAM Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH)

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 31.7.2000 passed by First Additional Sessions Judge, Balodabazar, District Raipur Madhya Pradesh (Now State of Chhattisgarh) in Sessions Trial No.345/1999 whereby and whereunder he convicted and sentenced each appellant as under:-

(2.) In brief the prosecution story is that the complainant Bihari Lal is the resident of village Jarod. At the time of alleged incident, he was running a grocery shop in a room of his house. On 17.12.1998 at about 12.00 hours, the appellants reached near the shop of complainant. They entered in his shop, poured some explosive substance in his shop and set it at fire. They also abused and threatened to kill him. The incident was seen by Baisakhu, Anuj, Dhanush Ram, Motim Bai and his son. He ran away from the shop and returned back after three hours. The damage was caused of Rs.1,50,000/-. He gave information in police station Bhatapara (Rural) on very day at about 15.00 hrs. A Dehati nalishi was lodged. After completion of investigation, a charge sheet was filed against them under Sections 436, 294, 506-B of Indian Penal Code (hereinafter referred to as 'IPC'). Trial Court framed charges against them under Sections 436 & 506-B of IPC. They abjured the charges and faced trial. To bring home the charges the prosecution examined as many as 14 witnesses. They examined four witnesses on their defense. After completion of trial, trial Court convicted and sentenced them as aforesaid. However, trial Court acquitted them of the offence punishable under Section 506-B of the IPC.

(3.) Being aggrieved the appellants have preferred this criminal appeal.