RAFIQUDDIN AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) SIX (6) accused Rafiquddin, Noor jamal, Abdul Safique Sabuddin, Abdul Sahid and Rahimuddin had been convicted under Section 436 of the IPC vide judgment dated 20 -9 -1984 passed by the Sessions judge, Silchar in Sessions Case No. 34/84 arising out of C.R. Case No. 341/83. So, they preferred this appeal.

(2.) PROSECUTION case was that the 6 (six) accused committed mischief by setting fire into the dwelling house of Champarunnessa on 1 -9 -1982. Initially she lodged the First Information Report with police and Sonai P.S. Case No. 283 (9)/82 corresponding to G.R. Case No. 2325/82 had been registered. After completing the investigation police submitted final report holding that the allegation was false, Final report was accepted by the Chief Judicial Magistrate on 10 -1 -83. Thereafter the complaint Case No. 341/83 had been instituted on 4 -2 -1982.

(3.) IN the result this appeal is allowed. The order of conviction under Section 436 of the IPC in Sessions Case No. 34/1984 silchar is hereby set aside and all the six (6) accused -Appellants are acquitted of the charge and set at liberty forthwith and discharged from bail bond.