NAND LAL Vs. STATE

JUDGEMENT

(1.) FIVE of the appellants Nand Lal, his father Bhola Nath Verma, two sibling brothers Ganga Ram and Suraj Prasad Verma and Devi Prasad Verma son of Ganga Ram, were tried by Vth Additional Sessions, Varanasi in Sessions Trial No.303 of 1980, State Vs. Nand Lal & others, and finding their guilt established beyond any shadow of doubt, trial Judge convicted them for offences under Sections 147, 452, 436/149 IPC and impose sentences of one year R.I. to each, of the accused for each of the offences under Sections 147 and 452 IPC and two years R.I. to each one of them under Sections 436/149 IPC vide impugned judgement and order dated 13th March 1981, which conviction and sentence has now been challenged in the instant appeal.

(2.) STATED in bird eye view, prosecution charges against these appellants were that on 25.2.1979 at 11.00 a.m. they by forming an unlawful assembly raided the shop of Garibullah and at the instigation of appellant Ganga Ram appellant Bhola Halwai sprinkled kerosene oil inside Garibullah's shop which thereafter was torched by appellants Ganga Ram and Nand Lal. Incident attracted witnesses Moti Pasi, Mohd. Arman, Ramashanker Singh, Karimullah, Dr. Bhagauti Prasad, Munni Lal Harijan and Kailash Nath, who all doused the fire by throwing water. As a result of ablazing the shop, in which Garibullah was carrying plastic shoe business, complainant suffered a loss of Rs.1000/-.

(3.) INVESTIGATION into the crime was referred to C.B.C.I.D., who had submitted final report and therefore, Mohd. Ishaque P.W.1 filed Complaint Case No.292 of 1979, Mohd. Inshaque vs Nand Lal and others before C.J.M., Varanasi against the malefactors.