RAMBABU RAI, DURGADENI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and learned Counsel for the State.

(2.) The sole Appellant has been convicted for offence under Section 436 of Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(3.) The prosecution case as alleged that on 13. 12. 1993, at 7.30 P.M. while the informant was sitting at his door near ghura (fire), all accused persons Ram Deni Rai, Ram Babu Rai, Shyambabu Rai, Ganesh Rai, Durga Deni Rai, Vakil Rai and Bhaghya Narain Rai came at the door of the informant and abused and at the command of Ram Deni Rai to fire at him, then co-accused Shyam Babu Rai and Ganesh Rai open fire with their Nalkatua and thereafter, it is alleged that Ram Babu Rai with the help of matches set fire on the western portion of the house and it is alleged that on hulla, villagers came and extinguished the fire.