NAWAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 11.5.2000 and order of sentence dated 17.5.2000, passed in Sessions Trial No. 263/88 by the Additional District & Sessions Judge-V1. Siwan whereby the appellants have been convicted under Section 436 of the Indian Penal Code to undergo R.l. for 10 years with fine of Rs. 5000/- (live thousand) each to Lilawati Devi and in default of payment of fine to undergo R.1. for one year. The appellants have also been convicted under Section 323 of the Indian Penal Code to undergo R.I. for six months. The appellants have been also convicted under Section 447 of the Indian Penal Code but no separate sentence has been passed against the appellants. The sentences are ordered to run concurrently.

(2.) The prosecution case is that Lilawati Devi, the informant was cleaning her hut, in the meantime, it is alleged that these appellants came to her hut and Nawal Singh ordered that the hut should be set on fire, whereupon, the appellant Shyam Lal Bind is said to have set the 'Palani' of the hut on fire. The informant states that several persons came to the place of occurrence when it took place.

(3.) On behalf of the prosecution, three witnesses have been examined. PW 2, Deo Nandan Singh and PW 3. Sakhichand Mahto have been declared hostile. The two witnesses have stated that when they went to the place of occurrence they saw that Ramchandra Sah's hut was on fire. They both tried to douse the fire but could not succeed. Both these witnesses say that they did not see the miscreants at the place of occurrence, nor did they see anybody running away from the place of occurrence. PW 2 has further stated that west to the place of occurrence is the house of Ramchandra and Kunj Bihari. The house of Ramchandra is the pucca house and Lilawati lives in the pucca house. In this manner P.Ws. 2 and 3 deny the involvement of these two appellants.