PRAVESH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Since these appeals are arising out of the same crime number and judgment, therefore, these appeals are heard analogously and are being decided by a common judgment.

(2.) These appeals under Sec. 374(2) of the Cr.P.C. have been preferred by the appellants being aggrieved with the judgment of conviction and sentence dtd. 7/8/2018 passed by learned Special Judge, SC & ST (Prevention of Atrocities) Act, Damoh, District Damoh (M.P.) in Special Case No.200009/2016 whereby the appellant-Pravesh Yadav has been convicted for the offence punishable under Sec. 3(2)(iv) of SC & ST (POA) Act and sentenced to undergo R.I. for Life with fine amount of Rs.500.00 and Sec. 429 of the Indian Penal Code and sentenced to undergo R.I. for 03 years with fine amount of Rs.500.00 with default stipulations. The appellants-Bhagwan Das @ Bhagola Adiwasi and Param @ Malla Adiwasi in connected appeal have been convicted for the offence punishable under Sec. 436/34 of the Indian Penal Code and sentenced to undergo R.I. for Life with the fine amount of Rs.500.00 each and Sec. 429 of the Indian Penal Code and sentenced to undergo R.I. for 03 years with fine amount of Rs.500.00 each with default stipulations.

(3.) Learned counsel for the appellants submits that the appellants are innocent. The prosecution story is that Lattu Adiwasi (PW-8) made a report that at about 08 days prior to this incident which took place on 6/10/2015. Grass grown on the boundaries of the field was put to fire but he could prevent that fire as a result of which he did not proceed against the accused persons. Thereafter, on 6/10/2015 at about 10:00 pm, Bhagola Adiwasi and Param Adiwasi called Raju Yadav (absconding) and Pravesh Yadav and abused them thereafter exhorted that his house be put on fire as a result of which Bhagola Adiwasi and Param Adiwasi took a mashal and Raju and Pravesh had taken kerosene oil in a can and had put house of Lattu Adiwasi on fire as a result of which all the household goods including the stored grains got burnt. Besides this, two she goats and one he goat also got burnt and died.