LALLAN KHAN Vs. STATE

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 26.11.1990, passed by the Ist Additional Sessions Judge, Bahraich in Sessions Trial No. 103 of 1989 convicting the appellant to undergo rigorous imprisonment for ten years under Section 304/34, I.P.C., 8 year R.I. under Section 436, I.P.C. three years R.I. under Section 429, I.P.C. and one year's R.I. under Section 427, I.P.C. All the sentences were directed to run concurrently.

(2.) IN this appeal at the time of hearing neither the accused-appellant nor his counsel appeared to argue the appeal.

(3.) THE prosecution story is that informant Gur Bachan was sleeping inside his house along with his family members. In the night between 2/3.12.1988 at about 3 a.m., accused-appellant Lallan along with Raunak Ali, (now deceased) came to his house and set fire in it. THE entire household goods were burnt along with two bullocks and 12 goats. Apart from that the wife of Jagdish, his daughter and a son aged about 2 months sustained severe burn injuries. All the injured persons were admitted to District Hospital, Bahraich. According to the prosecution, Gur Bachan and his family members had previous enmity with Lallan Khan. On alarm, the witnesses Ram Kewal, Bachchu, his mother and so many persons reached there and saw these two accused-persons setting fire in his house and running also.