SAKHARAM Vs. STATE OF M P

JUDGEMENT

(1.) This issue appeal preferred from jail, by the accused Sakharam who on his conviction under Section 436, I.P.C. has been sentenced to three years RI.

(2.) On the intervening night of 13th and 14th April, 1984, the appellant-accused was stated to have set fire to the hut of his father Ramlal by throwing a lighted match-stick on the thatched roof of the hut, resulting in the destruction of the said residential hut and so also the neighbouring huts of Chhotelal, Sabulal and Rupayabai. Incident was witnessed by quite a few persons of the village. Report of the incident was lodged on the next day by Chhotelal, (Ex. P-5). After due investigation, the appellant-accused was put up for trial. He claimed to be falsely implicated. No defence evidence was adduced regarding his plea that, at the relevant time, he was in his field. The trial Court, relying on the evidence of Chhotelal and other eye-witnesses, convicted and sentenced the appellant-accused to the extent as stated at the outset. Hence, now, the present appeal.

(3.) Advocate Mrs. Mann, appearing as Amicus Curiae for the appellant-accused, has candidly stated at the outset that she does not press the order of conviction and only prays for reduction of sentence, inasmuch as, the appellant-accused has already remained in jail for a period of one year six months and 14 days.