PRATAP CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 23.12.1991 passed by the learned Addl. Sessions Judge, Kendrapara in S.T. No. 108 of 1991/27 of 1991 wherein the Appellant has been held guilty of charge under Section 436, I.P.C. and sentenced to undergo R.I. for four years.

(2.) THE prosecution case in short is that on 9.2.1989 at about 2.00 A.M.in the night, the accused persons, namely, the Appellant -Pratap along with Aviram, Nadia and Aina (since acquitted) came in a body and forcibly entered inside the Plot No. 77 of village Karamkul and set fire to the house of the complainant thereon.

(3.) THE prosecution examined 5 witnesses in all. P.W.2 is the complainant, P.W.5 is one Partha Charan Samantaray whose house was alleged to have been set -fire P.Ws.1, 3 and & 4 are the villagers, who gathered at the spot hearing the shout of the complainant and found the house to have been set ablaze and accused persons running away from the place of occurrence.