BRAHMDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard appellant has been convicted under Sections 147, 323 and 435, I.P.C. and has been sentenced to undergo rigorous imprisonment for two years. Six other accused who were tried along with this appellant were convicted under Sections 147 and 323, I.P.C. They were released on probation.

(2.) The trial Court has rightly accepted the evidence that the appellant had set fire to Plane of the informant. There is, however, no evidence that the extent of damage by fire was Rs. 100/ - or more. As there is sufficient evidence to show that mischief to the amount of Rs. 50/ - has been caused by fire, the appellant can be convicted under Section 427, I.P.C.

(3.) The conviction of the appellant under Section 435, I.P.C. is set aside and he is convicted under Section 427, I.P.C. Benefit of probation has been given to other accused who were tried along with this appellant. Benefit of probation was not given to this appellant since he was convicted under Section 435, I.P.C.