GOVIND MALLAH Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellant stands convicted under Section 436 of the IPC and sentenced to undergo R.I. for 2 years. Corresponding judgment dated 13.2.2003 passed by Sessions Judge, Jabalpur in S.T.No.717/02 is the subject matter of challenge in this appeal.

(2.) PROSECUTION story, in short, is that on 12/9/02 at about 3 P.M., the appellant set fire to a hut constructed by his wife Munni Bai (PW2) on Government land located in Village Bagdari by using kerosene as the medium. The fire engulfed the adjacent hut belonging to her sister Girja Bai (PW1). Consequently, the thatched roof of Munni's hut, clothes, fan and other household articles kept therein were gutted by fire. Kandhi (PW4), Parmu and Kailash Thakur tried to extinguish the fire and in the process, had caused damage to as many as 200 tiles covering roof of Girja's hut.

(3.) THE appellant abjured the guilt and pleaded false implication due to animosity. According to him, the hut belonged to him only. However, no evidence was led in defence.