KRIPAL @ RAMKRIPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE two accused persons, in this appeal, assail their conviction and sentence passed by the trial Court, under Section 436 of the Indian Penal Code.

(2.) IN the night intervening 18th and 19th November, 1984 at village Katkoha, Police Station Bijuri, district Shahdol, a house in which grain was stored, caught fire. Dhaniram (P.W.1), who was sleeping in the adjoining house lodged First Information report (Ex.P. 1) on 19.11.1984 at 11.30 A.M. His version in the First Information Report is that Sudama Sahu (P.W. 7) came to him raising a shout that his house was on fire. In that report, it is also recorded that Sudama Sahu (P.W.7) had also told Dhaniram (P.W.1) that the accused persons, after putting fire to the house were seen running from the place of occurrence. According to Dhaniram he also woke up and saw the accused persons running away from near the place of incident. The trial Court convicted and sentenced the accused relying on the solitary circumstance which was believed on the basis of the deposition of witnesses of prosecution that the accused were found at or near the place of incident and were running away from there.

(3.) LEARNED counsel appearing for the State in reply submitted that the fact that the accused at that odd hour of the night were found at the place of incident and ran away from there, unmistakenly show that they had committed the crime.