PUNIT RAI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All Appellants have been convicted under Sections 147 and 323 of the Indian Penal Code and sentenced to six months rigorous imprisonment under each Section whereas the Appellant No. 1 has been convicted under Section 436 of the Indian Penal Code and sentenced to rigorous imprisonment for three years whereas the rest of the Appellants have been convicted under Section 436/149 of the Indian Penal Code and sentenced to rigorous imprisonment for three years and also sentenced to rigorous imprisonment for three years by the 1st Additional Sessions Judge, Sitamarhi, by a Judgment dated 27.3.1996 in Sessions Trial No. 82 of 1990/29 of 1990

(2.) The case of the prosecution is that the accused persons came to the house of the Informant (PW-1) on 2.5.1989 and told him to plough his land but when he refused to do so for the reason of his illness, the Appellant No. 1 is said to have set fire to his hut whereas the rest of the Appellants committed theft.

(3.) During trial, the prosecution examined four witnesses out of whom PW-1 is the Informant whereas PW-2 is his mother. PW-3 is the Doctor who examined the injured. The Investigating Officer has not been examined in the present case and in absence of any objective evidence with regard to the setting fire to the house of the Informant, it is difficult to sustain the conviction of the Appellants under Section 436 of the Indian Penal Code.