RAJ KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD . The Appellant has been convicted under Section 436 of the Indian Penal Code and sentenced to three years rigorous imprisonment as also under Section 327 of the Indian Penal Code and sentenced to rigorous imprisonment for 15 days passed by the Sessions Judge, Darbhanga, in Sessions Trial No. 216 of 1994 by a Judgment dated 23.3.1995.

(2.) THE case of the prosecution is that on 31.3.1994 at about 4.00 A.M. when the Informant (PW -1) and his wife (PW -2) were in the hut the accused persons came there and asked them to work in their field and on their refusal to do so, the accused persons are said to have set fire to the hut of the Informant. The prosecution in all examined nine witnesses out of whom PW -1 is the Informant whereas PW -2 is the wife of the

(3.) INFORMANT . PW -3 is the Doctor who examined the injury of PW -1 and PW -2. PW -4, PW -5 and PW -6 are seizure list witnesses. PW -8 is the Investigating Officer whereas PW -7 and 9 have been tendered. The defence on its behalf examined nine witnesses mainly on the ground that in fact, the Informant has set fire on his hut himself on account of it having been constructed upon government property and a dispute that had arisen on account of it and the Appellants have been falsely implicated. On going through the evidence of PW -1 and 2, I find that there is completely consistency that the Appellant had set fire to the hut of the Informant.