MAHESHWAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellants/convict under Sec. 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') challenging the judgment of conviction and order of sentence dtd. 28/9/2004 passed by learned 7th Additional Sessions Judge, Munger in Case No.377 of 1997, whereby the concerned Trial Court has convicted the appellants/convict for the offence punishable under Sec. 436 and 447 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for seven years and fine of Rs.2,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for one year under Sec. 436 of the IPC and they have also sentenced to fine of Rs.500.00 for the offence under Sec. 447 of the IPC and in default of payment of fine, to further undergo simple imprisonment for one month.

(2.) The case of prosecution is based on written report of informant (PW-9), namely, Dharmendra Kumar Sharma filed before S.H.O., Bariarpur Police Station in which it is alleged that on 21/4/1996 at 8.45 am, the appellants/accused, namely, Maheshwar Mandal, Brajesh Mandal and Nitu Mandal came to his house and started to barricade the land of informant by bamboos and wire. Upon information given by Ashish, informant rushed there and saw that the appellants/accused were barricading his land. He along with his family members objected it. The appellants/accused were threatened to set his house on fire. Thereafter, the appellant Nitu Mandal went to house and come back with kerosene oil in bottle with match box. Thereafter, the appellants Maheshwar Mandal and Brajesh Mandal put fire in the outer part of the house and fled away from the place of occurrence. Pandit Mistry and Anil Sharma have seen the appellants when they ran away from the place of occurrence.

(3.) On the basis of aforesaid written information, Muffasil (Bariyarpur) P.S. Case No.102 of 1996 has been registered for the offence punishable under Ss. 447 and 436 read with 34 of the IPC. After completion of investigation, the charge-sheet bearing No.87 of 1996 dtd. 26/6/1996 was submitted by the Investigating Officer under Ss. 447 and 436 read with 34 of the IPC against the appellants/accused, whereafter, the learned Jurisdictional Magistrate took cognizance of the offence on the basis of materials available on record and after making compliance of Sec. 207 of the Code, committed the case to the Court of Sessions in view of provision as available under Sec. 209 of the Code for its trial and disposal on 14/2/1997.