LAHKU Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of Cr.P.C. being aggrieved by the judgment, finding and sentence dated 29-05-1993 passed by the 1st Additional Sessions Judge, Shahdol, in Sessions Trial No.46/91 whereby the appellant has been convicted under section 436 of IPC and sentenced to R.I. for 3 years with a fine of Rs. 100/- in default, S.I. for 1 month.

(2.) The prosecution case, in brief, is that on 05-04-1990 at 3.00 4.00 p.m., Phaguni, the daughter of complainant, saw the appellant setting fire to her house and running from there. Other witnesses Dannu Baiga and Shriram also saw him running. A Tangia wrapped with cloth was also left there by the appellant. Chhotelal Singh, Head Constable of P.S., Burhar inquired into the matter. On 09-04-1990, he prepared damage Panchnama of burnt wooden pieces and ashes were seized. Tangia was also seized.

(3.) On the basis of inquiry, it was found that appellant set fire the house, hence, F.I.R. was registered on 09-04-1990 at P.S., Burhar under Section 436 of IPC, statements of witnesses were recorded, map was prepared and the appellant was arrested. After completing the investigation, the charge sheet was filed in the Court of J.M.F.C., Burhar, from where the case was committed to the Court of Sessions for trial.