VIKRAMA Vs. STATE

JUDGEMENT

(1.) Sri Gaya Prasad, the then Vth Additional Sessions Judge, Mirzapur, vide judgment and order dated 17.10.1982 convicted the accused appellant Vikrama under Section 436 IPC and sentenced him to undergo rigorous imprisonment of 31/2 years.

(2.) Prosecution story as set out in the FIR is that the informant Asharfi son of Sudkhdeo, resident of village Madkuri, P.S. Robertsganj, district Mirzapur was a daily labourer at the crusher of one Jagdish and resided there in a thatched house situated by the side of the road. Adjacent to the hut of the informant there were huts of several other labourers namely, Jamuna, Ram Khelawan, Pritlal, Lal Shah, Bangali, Somaria, Katwaru, Reeta, Kallu, Suraj. In the night of 15/16.4.1979, the informant along with Suraj Lal and Kallu was returning to their huts from Dala Bazar after viewing drama. Ahead them at some distance, Vikrama Singh, accused appellant, alongwith another person was going. When the informant alongwith his two companions reached the turn near the huts, they began to talk among themselves. A truck was also standing there. Driver and Cleaner of the truck were also standing there. Meanwhile they (informant and his friends) saw that accused appellant who had reached near the huts of informant and others, cast a sight all around and taking out match stick from his pocket, lighted the same, and threw it at the hut of Ram Subhag. At that time wind was blowing fast. As soon as the thatched huts caught fire, truck driver also flashed his torch light upon the miscreants and at the same time accused appellant ran towards south. He was chased by informant and other persons who caught hold of him at a distance of about half a furlong from the huts. From the fist of his right hand a match box was recovered. Thatched houses of informant, Suraj Lal, Ram Bali, Ram Subhag, Hari Charan, Sone Shah, Hira Lal reduced to ashes. Burnt items included eatables, household goods, foodgrains, utensils and hen. At least damage of about Rs.5000/- had been caused. Vikrama alongwith match box was brought to the police station.

(3.) Constable Ram Dayal Yadav prepared chick report of the incident on the basis of written report and made entry in G.D. Of the crime at Serial No.20. Investigation of the case was entrusted to SI, Shashi Bhushan Dwivedi, who submitted chargesheet against accused after conclusion of investigation.