ABDUL MALIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 12. 12. 2001 passed by the Additional Sessions Judge (Ad-hoc), Karimganj, in Sessions Case No. 3/99 whereby and whereunder the appellant Abdul Malik was convicted under Sections 436/34 IPC and sentenced to Rigorous Imprisonment (RI) for one year and to pay a fine of Rs. 500/-, in default, to undergo RI for 3 months.

(2.) THE prosecution case, in brief is that, one Ram Yatan Rabi Das lodged an FIR before the Karimganj Police Station on 28. 8. 1998 alleging inter alia that the appellant Abdul Malik along with one Dhiren Nayak forcibly entered into his house on 27. 8. 1998, the Sunday, at mid night, and after damaging the boundary fences and walls of the dwelling house, set the house on fire which gutted the house and destroyed the house hold goods. When he made hue and cry, the accused persons fled away leaving a torch light after threatening the first informant. On receipt of the FIR, police registered a case being Karimganj Police Station Case No. 5189/98 under Sections 447/427/436/34 IPC and started investigation. On completion of the investigation, the police submitted charge-sheet against both the accused persons under Sections 447/436/323/34 IPC.

(3.) THUS , during the trial, prosecution examined all total 8 witnesses while defence examined 2 witnesses. The defence categorically denied the prosecution case. The accused while examined under Section 313 Crpc denied the involvement in the case and stated that he has been falsely implicated in the case as he had an altercation with the informant on the date of occurrence over price of rice that was payable to him by the informant. After completion of the trial, the learned court below found the offence under Sections 323/34 IPC as not proved by the prosecution and therefore, the accused appellant was acquitted from the charge under Sections 323/34 IPC. However, he was found guilty under Sections 436/34 IPC. Thus, the learned court below passed the order of conviction and sentence as indicated above. Hence, this appeal.