MOHD.SAFI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is an appeal under Section 374(2) of Cr.P.C. against judgment dated 06.01.98 in Sessions Trial No. 358/97 passed by the learned VIII th Additional Sessions Judge, Jabalpur by which the appellants Mohd. Safi and Siraj Ahmed have been convicted under Section 436/34 of IPC and sentenced to R.I. for five years and to a fine of Rs.1,000/- each.

(2.) The prosecution case, in brief, is that on dated 26/04 /1997 in the night at about 9:30 PM, complainant Saida Sultana was sitting with her tenant Sahida Bano at the upper side of her house. At that time appellant Mohd. Safi and Siraj Ahmad came over there and started abusing her. Complainant came to down floor where appellant Siraj Ahmad caught hold her hands and appellant Mohd. Safi set her homely objects bad etc. on fire by pouring kerosene oil. They also tried to pour kerosene oil on the person of complainant Saida Sultana and attempt to set her ablaze. When she hue and cry, the appellants ran away.

(3.) Return report of above facts presented at Hanumantal Police Station, Jabalpur, on the basis of which, the First Information Report was registered. Investigating Officer prepared the spot map, memo of loss, seized some burnt and un- burnt articles. After conducting enquiry, the Investigation Agency placed the charge-sheet before the committal court, who in his turn committed the case in the Session Court, Jabalpur, from there it is finally transferred to learned trial Court for trial.