ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this criminal appeal under Sections 374 (2)of Cr. PC feeling aggrieved by the impugned judgment of conviction and sentence dated 3-5-2002 passed by X Additional Sessions Judge, Gwalior, in S. T. No. 326/91; whereby appellants have been found guilty under Section 326 of ipc and each of the appellants has been sentenced to one year's R. I. with a fine of Rs. 2000/ -. In default of payment of fine further ordered to suffer 6 months imprisonment.

(2.) BRIEFLY stated facts of the case are that on 19-9-90 real uncle of the appellants/accused namely Jeevanlal had been murdered by real brother of the complainant in this case by means of some firearm for which the necessary case had been registered against one Raju s/o Havaldar for the offence punishable under Section 302 of IPC. The dead body of the deceased Jeevanlal was sent for post-mortem examination, due to annoyance with this, incident took place on 19-9-90 on the next day it is alleged that the present appellants Ashok and narendra together with third accused Devendra came at the house belonging to the complainant Mahendra and set the house on fire. Thereafter, both the present appellants also poured kerosene on the complainant Mahendra Singh and thereafter it is alleged that third accused Devendra set on fire by match-stick on the complainant Mahendra, due to which fire the complainant Mahendra sustained burn injury. The matter had immediately been reported to the police. The police had registered two different cases, one for mischief by fire for damaging the house against the appellants/accused and second for the offence punishable under Section 307 of IPC, sent the injured Mahendra for medical examination to the hospital where his dying declaration had also been recorded by the doctor concerned and the doctor found 50 per cent burn injuries on the body of the complainant Mahendra Singh. During investigation, the police had recorded the statement of the various witnesses, arrested the present appellants together with third accused Devendra and after investigation, the charge-sheet had been filed.

(3.) ALL the three accused persons abjured the guilt and their defence was of false implication in this case due to conviction of Raju in the murder case of one Jeevanlal. The accused had also examined two defence witnesses before the Trial Court. Learned Trial Court after appreciation of the entire prosecution evidence acquitted the third accused Devendra from the charge under Section 307 of IPC and also acquitted the present appellants from the offence under Section 307 of IPC, but held the present appellants guilty for the offence punishable under Section 326 of IPC and sentenced them as stated hereinabove. Feeling aggrieved by which the appellants have preferred this appeal.