MURSHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant no.1 has been convicted u/s.436/149 I.P.C. and 148 I.P.C. and sentenced to R.I. for five years and one year respectively, whereas appellant no.2 has been convicted u/s.436 I.P.C. and 148 I.P.C. and sentenced to R.I. for five years and one year respectively and appellant no.3 has been convicted u/s.147 I.P.C. and 436/149 I.P.C. and sentenced to R.I. for six months and two years and the appellant no.4 has been convicted u/s.436/109 I.P.C. and 148 I.P.C. and sentenced to R.I. for three years and one year respectively and the appellant no.5 has been convicted u/s.436/149 I.P.C. and 147 I.P.C. and sentenced to R.I. for three years and six months respectively by the 1st Additional Sessions Judge, Katihar in Sessions Trial No.60 of 1992 by a judgment dated 17.4.1996.

(2.) THE prosecution case is that on 3.5.1991 the appellants variously armed came to the complainant and started pressurizing him to depose falsely in their favour and on refusal appellant no.1 ordered appellant no.2 to set fire on his house, which he did, on account of the same his house and cattles were burnt. When the police refused to record his fard beyan the present complaint was instituted.