JAIRAM @ JERAM Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed calling in question the correctness and propriety of judgment dated 1-5-1999 passed by 2nd A.S.J., Alirajpur in S.T. No.355/1995, by which the appellant has been convicted under Section 436 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of 5 years and fine amount has not been imposed.

(2.) The necessary facts for the disposal of the present appeal in short are that on 1-3-1995 at about 9:30 A.M., the complainant Jaheriya was in his house. At that time the appellant came there and started challenging that as Ghungharia has been killed, therefore, he would set the house on fire. After hearing the challenges thrown by the appellant, the co-accused Chimliya and Kukku also came there and instigated the appellant to set the house of the complainant on fire and the appellant thereafter went towards the house of the complainant and the complainant ran away and started watching the incident from a distant place. The appellant took out a matchbox and set the house of the appellant on fire and also set the house of Kamaal on fire, as a result of which, damage was caused to the houses as well as the household articles were burnt.

(3.) The complainant lodged the F.I.R. in police station Nanpur. The spot map was prepared, Damage Panchnama was prepared, the ashes of the huts of the complainant and Kamal were seized and the appellant as well as the co-accused persons were arrested. One matchbox was seized from the possession of the appellant and after concluding the investigation, the police filed the charge sheet against the appellant and the co-accused Chimaliya and Kukku for offence under Section 436/34 of I.P.C.