CHHABINATH DUBE Vs. STATE OF U P

JUDGEMENT

(1.) HAVING found the applicants-Chhabinath Dubey, Harinath Dubey, Suresh and Balram Yadav guilty for the offence of mischief causing damage to the wheat crop bundles of the complainant (Jainath Dubey) kept in the Khalihan for threshing, by setting fire, the 5th Munsif Magistrate, Varanasi in criminal case no. 407/1983 after holding them guilty under Section 435 IPC punish them on 8-4-1986 by imposing a sentence of imprisonment for 3 months' R. I. together with a fine of Rs. 500/- each and in default of payment of fine each defaulter was required to undergo 1 month's R. 1., where against the appeals nos. 75 of 1986 and 81 of 1986 preferred by two sets of applicants which were dismissed on 27-8-1987 by the II Addl. Sessions Judge, Varanasi. The present revision is the out come of the aforesaid conviction and sentence as imposed on the applicants which was admitted by this court on 9-10-1987 on the question of sentence.

(2.) SINCE the revision was admitted on the question of sentence, it is not necessary to enter into the merits of the matter.

(3.) THE submission so advanced by the learned counsel for the applicant has got substance.