PERBATA Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 17-5-1982 passed by the IInd Addl. Sessions Judge, Barabanki. Appellant Smt. Perbata was convicted under section 436 IPC and setenced to 2 years' R. I.

(2.) The prosecution case in brief was that on 11-5-80 at about 9.00 a.m. the accused happened to pass over the Sehan of the complaint and she received some injury from the pegs lying on the Sehan. It is said that she (accused) set fire to the Tatia of the Marha and caused a loss of Rs. 400/-. An FIR was lodged by P. W. 1 Ram Chandra on the same day at about 12.20 in the noon at police station Masauli. The First Information Report is Ex. Ka-1. The investigation was conducted by Sri Radhey Shyam Pandey P. W. 3, S. O. Masauli.

(3.) In support of its case, the prosecution examined two witnesses namely P: W. 1 Ram Chandra and P. W. 2 Sohan Lal as eye witness. P. W. 3 Sri Radhey Shyam Pandey is the Investigating Officer. On the other hand, the appellant accused denied the prosecution case and she examined Banshi Lal D. W. 1 who stated that the Marha of Satgur was burnt by the complainant. The learned trial judge after considering the evidence on record believed the statements of P. W. 1 and P. W. 2 and convicted the appellant under Section 436 IPC. Aggrieved by the said judgment and order the appellant filed the present appeal in this court.