CHANDESHWAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) By judgment dated 24.01.2009 passed by learned Additional District & Sessions Judge, F.T.C. II, Ara in S. Tr. No. 153/2000, arising out of Charpokhari P.S. Case No. 100/1998, appellants, Chandeshwar Chaudhary and Keshwar Chaudhary have been convicted for offence under Section 436/34 of the Indian Penal Code and by order dated 27.01.2009, they have been sentenced to undergo R.I. for five years with fine of Rs. 2000/-. In default of payment of fine, to further undergo S.I. for two months.

(2.) Heard the learned counsel for the appellants as well as the State.

(3.) The prosecution case, in brief, is that on 20.12.1998 in the morning at 6 A.M., appellant Chandeshwar Chaudhary came to his uncle and directed him to leave the land otherwise he will set fire to his house. In the meantime Uma Chaudhary, Vinod Chaudhary, Keshwar Chaudhary, Bhikhari Chaudhary all of same village arrived armed with Lathi and Bhala and started searching the informant and his younger brother Ajay Nat. Seeing the accused persons, informant and his younger brother Ajay Nat fled away and hide himself in the house of neighbour. He saw that appellant Chandeshwar Chaudhary set fire in his house. He also saw smoke and flame in the house and raised alarm. Then accused persons fled away.