HARI Vs. STATE OF M P

JUDGEMENT

(1.) U. C. Maheshwari, J.- This appeal is directed by the accused/appellants under section 374 (2) of the Criminal Procedure code being aggrieved by the judgment dated 9. 10. 2002 passed by the Second Additional sessions Judge, Ashok Nagar in Sessions trial No. 133/2002 convicting each of them under Section 436/34 with a direction to undergo ri for two years with fine of Rs. 500 in default of it further six months imprisonment.

(2.) THE case of the prosecution in short are that on dated 9. 1. 2002 at about 6 O'clock in the village Ganeshkheda, near the hut of natuwa (PW1), the appellants assembled and started quarrelling with each other with filthy and abusive language. On asking not to do such thing there by Natuwa (PW1)complainant, the appellants set fire in his domestic hut in which his utensils, domestic goods and articles are burned and damaged. On lodging the report by Natuwa (PW1) at Police Station Ishagad, the offence under Sections 436, 294, 341 and 336/34 was registered against the appellants.

(3.) AFTER holding investigation, they were charge sheeted for such offence. As usual the case was committed to the Sessions court where on framing the charges against the appellants for the offence under Sections 294 and 436/34 of I. P. C. they abjured the same. During pendency of the trial, compromise took place between the complainant natuwa (PW1) and the appellants. The same was allowed only in respect of Section 294 of IPC, while the Trial Court proceeded with the trial for the offence under Section 436/34 of I. P. C as such section is not made compoundable by virtue of Section 320 of the Cr. P. C. After recording the evidence, on appreciation of the same, the appellants were held guilty and sentenced as stated above. Such conviction and sentence are under challenge in this appeal.