SATTAN MANDAL ALIAS DHANUK Vs. STATE OF BIHAR

JUDGEMENT

(1.) NOBODY appears on behalf of the appellants. Mr. Arun Kumar Tripathi is appointed as Amicus Curiae in this case who is present in Court.

(2.) THIS appeal is directed against the judgment dated 2.3.2000 passed in Sessions Trial No. 121 of 1989 by the 1 st Additional Sessions Judge, Madhepura.

(3.) COUNSEL appearing on behalf of the appellants submits that the Investigating Officer having not been examined and the fact that the case made out by the prosecution under Section 149 (earlier 143 and 379 I.P.C.) has been disbelieved by the Court below, it is not safe for this Court to rely on the evidence of the witnesses regarding the offence under Section 436 of the Indian Penal Code. It is also submitted that the physical features of the place of occurrence showing reminiscence of fire could not be brought in evidence and as such great prejudice has been caused and the appellants and they cannot be held guilty by this count. It is also submitted that even if it is accepted that the appellants had filed a compromise, the offence is not compoundable one, and as such it would not help the appellants in any manner.