SK.ISLAM @ SK.DUKHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Sec. 436 of the Indian Penal Code and was sentenced to undergo R.I. for six months.

(2.) THE prosecution case, in short, is that on 20th February, 1988 at about 8 RM. the accused persons went to the house of the informant and demanded toddy from the wife of the informant. She refused to supply toddy as toddy was not available in the shop. In the meantime the accused persons entered her courtyard, abused her and uttered that she will have to give toddy to them. It is alleged that on her refusal, accused Sheikh Hira ordered that she should be beaten and thereupon accused Sheikh Dukhi took out a knife from his pocket and said that she should be killed because she did not give toddy to them. In the meantime, the informant also arrived there and protested upon which accused Sheikh Laddu assaulted him with slaps and fists. It has been further alleged that the said Hira took away a box containing cloths and a sum of Rs. 500.00 in cash. Thereafter, Sheikh Dukhi @ Sheikh Islam took out a match box from his pocket and set fire to the house of the informant. On bulla RW. 2 Bhola Yadav and RW. 3 Jharokhi Paswan and other villagers came there. The informant gave a written information (Ext. 4) at Bahera Police Station on 21.2.1988 at 14.30 hours. On the basis of which formal F.I.R. was registered. After completion of investigation chargesheet was submitted, and accordingly, cognizance was taken and case was committed to the Court of Sessions for trial.

(3.) THE prosecution, in support of its case, examined altogether 8 witnesses.