LAWS(PAT)-1999-7-148

BANWARI CHAUDHARY Vs. STATE OF BIHAR

Decided On July 02, 1999
Banwari Chaudhary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 11-4-1987 passed by 1st Additional Sessions Judge, Nawadah in Sessions trial No. 629/1984 (18/1988) convicting the accused appellant under Section 436 of the, IPC and sentencing him to rigorous imprisonment for five years.

(2.) The prosecution case, in brief, is that on 10-7-1982 at village Mirjapur within the Police Station and district of Nawadah in the day hours at about 11 a.m. the appellant sprinkled kerosine and then set-fire to the thatched house of informant Bhagwan Choudhary by litting a matches resulting into complete burning of the residential house including house hold articles like grain, clothings, choukis and cash worth about Rs.1000/- was damaged. It is also the case that the adjacent house belonging to Rabindra Kumar Yadav also caught fire from the same flame and was reduced to ashes. The First Information Report was lodged by PW-1 on the very same date and after investigation charge-sheet was submitted under Section 436, IPC. The defence case is the denial of the prosecution case and that the accused appellant has been implicated falsely due to enmity.

(3.) On being committed to the Court of Sessions the charges were framed under Section 436, IPC against the accused appellant to which he pleaded not guilty and claimed to be tried. For and on behalf of the prosecution as many as six witnesses have been examined out of whom PW-2 Md. Nizamuddin is a formal witness. PW-1 Bhagwan Chaudhary is the Informant. He is not eye-witness of the occurrence but on seeing the flame from other side of the rivulet rushed to the place of occurrence and learnt from his wife that it was the accused appellant who had caused arson in his residential house. He alongwith his co-villagers tried to extinguish fire but because of the paucity of water the flames could not be extinguished rather the fire had also destroyed the neighbouring house of Rabindra Yadav. PW-3 Bhaso Devi is the wife of the informant and the sole eye-witness to the actual occurrence. PW-4 Mahendra Kumar is a Kiryadar at the neighbouring house belonging to Rabindra Yadav. Because of the fire his rented house had also been burnt to ashes and all his valuables including his books and wearing apparels had also been burnt down. He has supported the prosecution case. PW-5 Rabindra Yadav is the owner of the neighbouring house whose house was also burnt by the same flame. PW-6 Udeshwar Prasad Sinha is the investigating Officer.