CHITTO CHAUDHARY AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 435/149 I.P.C. and sentenced to R.I. for five years and a fine of Rs.2000/- in default of which further six months R.I. by a judgment dated 30.9.1999 passed by the 1 st Additional Sessions Judge, Madhepura in Sessions Trial No.27 of 1994.

(2.) The case of the Informant Anand Rishideo is that he and his brothers were living in a house constructed over a piece of land belonging to one Kamatia Niranjan Singh since 4-5 years. The area of the land was 10 kathas, for which Anand Rishideo had paid a sum of Rs.3000/- to Kamatia Niranjan Singh, but the registration of the said land was deferred for some reason or the other. Subsequently he executed a sale-deed of the said piece of land having a house standing thereon in favour of the Appellants who were pressurizing the Informant to remove his house failing which it could be set ablaze. It is for these reasons that on the morning of the date of occurrence the accused persons along with other co-accused persons set fire to his hutment.

(3.) During trial the prosecution examined six witnesses, whereas the defence examined one witness and brought a number of documentary evidence on the record.