RAMASHRAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed, against the order of conviction and sentence passed by Shri Tarkeshwar Narain, 9th Additional Sessions Judge, Munger, dated 19.6.1989. All the appellants above-named were convicted under Section 435 as also Section 436 of the Indian Penal Code, 1860. They were sentenced to undergo rigorous imprisonment for three years for the offence under Section 435 and five years for the of fence under Section 436 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution, as per written report of the informant Chuho Singh @ Ram Sagar Singh was to the effect that on 30.3.1986 et about 10 p.m. he was sleeping in his barn (Khalihan). Suddenly, 7 persons belonging to the same village came to the khalihan and set fire to the articles kept therein. The informant was taken hostage by these persons and fire was set to the articles kept in the khalihan by four persons, namely, Mundrika Singh and rest of the appellants. Subsequently, the informant was dragged to his bungalow (Baithka) made of bricks and tile and in course of dragging, he received scratches on his body. The baithka of the informant was also set on fire. The informant sustained a loss of Rs. 40,000.00 on account of damage to his property kept in the khalihan and his Baithka. The informant went to the police station next morning, but his complaint was not entertained. So again a written report was addressed to the Superintendent of Police and Superintendent of Police directed the Police Station concerned to institute a case and investigate.

(3.) The accused-appellants took defence that they were implicated on account of grudge.