ABDUL RAFIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE learned Additional Sessions Judge (FTC), Karimganj, by its judgment and order dated 20.9.2006, passed, in Session Case No. 91 of 2004, convicted the accused-appellant under Section 436 IPC and senten-ced him to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/- in default, to suffer simple imprisonment for a period of one year.

(2.) THE prosecution case, as unfolded at the trial, may be stated, in brief, as follows - On 21.4.2002 at about 1 A.M. in the morning, when Musstt Joitun Bibi (PW-1) was sleeping in her house, the accused Md. Abdul Rafique trespassed into the compound of her house, woke her up from sleep. Thereafter, the accused set the house of PW-1 on fire. As a result of which, the house of PW-1 including all her household goods were completely destroyed in fire, causing thereby a loss of about Rs.3000/-. When the PW-1, raised hue and cry, local residents of the area gathered at the place of incident, whereupon the accused fled away from the scene of occurrence. PW-1 stated that lodging of the FIR was delayed as she had to remain busy to take care of her shelter as she became house less and helpless when her house was gutted by fire.

(3.) THE FIR lodged by PW-1 at Nilambazar Out Post under Karimganj Police Station was registered and investigation of the case was launched. The Investigating Police Officer (I.O) on completion of the investigation, submitted charge sheet against the accused under Section 436 IPC.