JARHA Vs. STATE OF M P

JUDGEMENT

(1.) In Sessions Trial No. 130 of 1983, Sessions Judge, Durg by his judgment dated 1.12-1983 convicted the appellant Jarha under section 436 read with section 3 - Indian Penal Code and sentenced him to R.T. for two years and fine of Rs. 300/-, in default RI. for three months. Appellants Chhedilal and Dhamingh have been sentenced till the rising of the Court and fine of Rs. 500/- each, in default RI. for three months. By this appeal the said conviction and sentence have been challenged by the appellants.

(2.) Appellant Chhedilal is the son of appellant Jarha and appellant Dhansingh is the son -in-law of appellant Jarha. These appellants are residents of village Amora, P.S. Nandghat district Durg. Tularam (P.W. 3) has stated that on the date of the incident he also had been living in that village.

(3.) The prosecution case briefly stated is that in the night intervening 4.6.1983 and 5.6.1983 when Tularam (P.W. 3) was sleeping in his house, the accused chained the door from out side and after scattering dried bushed etc around his house set them to fire with the result that Tularams house also caught fire. As a result of this fire the house was burnt resulting into a loss of about Rs. 15,000/-.