BINDESHWAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of present appeal, appellants seek to challenge the Judgment of conviction and order of sentence dated 28.08.2002, passed by Shri Awadhesh Kishor Pd. Singh, learned Presiding Officer, Additional Court No. 1, Nalanda in Sessions Trial No. 299 of 1987/24 of 2001, by which the appellant Ram Lagan Paswan was held guilty under Sections 435 and 147 of the Indian Penal Code (hereinafter referred to as "the IPC" ) and appellant Bindeshwar Das was held guilty under Section 435/149 and 147 of the IPC and appellant Ram Lagan Paswan was sentenced to pay a fine of Rs. 2,000/- under Section 435 of the IPC, having default clause. No separate sentence was passed under Section 147 of the IPC. Appellant Bindeshwar Das was also sentenced to pay a fine of Rs. 2,000/- under Section 435/149 with default clause and no separate sentence was passed under Section 147 of the IPC. By the said judgment of conviction, the trial court all other accused were given the benefit of Section 360 Cr.P.C. and instead of sentencing them trial court released them on execution of bond of Rs. 4,000/- each with two sureties and were directed to appear and received sentence when called upon during the period of two years.

(2.) It appears that appellants, namely, Ram Lagan Paswan and Bindeshwar Das has already deposited the amount of fine. It further appears that originally the appeal was preferred by four appellants including Bhushan Paswan and Shiv Kumar Paswan, however, their appeal were dismissed by this Court vide order dated 03.01.2003 passed in the present appeal.

(3.) Prosecution case in short is that on 05.12.1986 at about 6. P.M. appellants along with other accused of this case came to the house of Chamari Beldara armed with lathi and appellant Bindeshwar Das ordered to set his house on fire, upon which, appellant Ram Lagan Paswan set his house on fire due to which cot-bed sheets and other articles valued at Rs. 1,000/- got burned, thereafter, said Chamari Beldar reported the matter to the police and lodged the F.I.R against the accused persons. On the basis of which Ashtawan P.S. Case No. 202/86 was registered against the accused persons.