BECHANIA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant/accused has filed the appeal against the judgment and order dated 19-9-2002 in S.T. No. 353/2001 passed by 1st Additional Sessions Judge, Alirajpur, District Jhabua under Section 436 of the IPC for the rigorous imprisonment of 3 years and fine of Rs. 500/- and in default of payment of fine further simple imprisonment of 3 months.

(2.) The prosecution case is that on the intervening night of 13-14/12-2000 at Village Badivekal the accused has put on fire the hut of complainant Mirlibai (P.W. 3) and on her shouts Dakaria (P.W. 1) and other villagers came there and accused ran away. FIR Ex. P/10 was lodged on next day on 14- 12-2000 at about 10 a.m. and the Investigating Officer has estimated vide Ex. P/5 the loss of Rs. 25,000/- and after investigation, the charge sheet was filed against the accused.

(3.) The accused has abjured the guilt and pleaded his false implication due to enmity. No witness in defence was examined by the accused.