SATTAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) THE solitary appellant has preferred this appeal against his conviction for the offences under Section 436 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years and to pay a sum of Rs. 5000/ - (five thousand), in default, further to undergo rigorous imprisonment for three months, as awarded on 6th June 2002 by learned 6th Additional Sessions Judge, Begusarai, in connection with Session Trial No. 12/85 arising out of Barauni P.S. Case No. 13/1983.

(3.) ALTOGETHER twelve persons were put on trial and in order to substantiate the charges except two witnesses there is nothing on record. P.W. 1 namely, Ishwar Mahto who on alarm awoke and came out of his house found the appellant with Lukathi and kerosene oil and put in house of one Ramdeo Sah (not examined) and P.W.2 namely, Shekho Mahto under fire which got other hutments affected, and in cross examination, this witness in paragraph 10 admits, he could awoke only on alarm of fire and by that time everything was finished. Further, in paragraph 12, due to darkness he failed to identify all the miscreants, and thus, identified by him including appellant who were at a distance of one Rassa from him.