MISHRILAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18th February, 1980 passed by the 2nd Addl. Sessions Judge, Motihari in Sessions Trial No. 122 of 1982/54 of 1987, convicting and sentencing the appellant to undergo R.I. for 10 years under Section 436, I.P.C. '

(2.) The case of prosecution in short is that the informant Harishchandra Singh (P.W. 2) after demolishing his old 'gowas' (a cattle shed) was construction a new 'gowas' of straw and bamboos, at that time he had some altercation on 21 -2 -82 with Ram Jageshwar Singh, father of appellant, on account of passage. The appellant at that time had given him threatening that he would set his 'gowas' on fire. The village panchas decided the matter and according to their decision, the informant constructed his 'gowas' shifting further from the passage. On the night between 22 -2 -82 and 23 -2 -82 at about 1 O'clock the informant awoke on hearing of breaking out fire and he found that his 'gowas' was burning and the house of Most. Fulmatia had also caught fire and the villagers were engaged in putting the fire out. The informant also ran and joined the villagers for extinguishing the fire but his entire 'gowas' and the house of Most. Fulmatia were completely burnt. Nagendra Mukhia (P.W. 1) son of Most. Fulmatia told the informant that he had seen the appellant sprinkling kerosene oil on the 'gowas' of informant and setting it on fire and by the time he raised 'hulla' and the villagers came there, the fire had engulfed the 'gowas' of informant and also the house of Most. Fulmatia. The grand daughter of Most. Fulmatia who was sleeping at that time in her house received some burn injuries caused by fire.

(3.) V.K. Shrivastava (P.W. 4) at that time was posted as Officer -in -charge at Kundwachainpur Police Station. On 23 -2 -82 Chowkidar Rambilash Hazra (not examined) went to police station and informed that due to fire the house of Most. Fulmatia and the informant had been burnt and the villagers were agitating against the, appellant whose name had figured in the commission of fire, P.W. 4 after making entry in station diary proceeded to village Kharuha where he recorded the fardbeyan (P.W. 1) of informant at about 6.30 p.m. on the same day and sent tine fardbeyan to the police station where formal F.I.R. (Ext. 4) was drawn up and he himself took up the investigation of the case. He visited the place of occurrence, seized burnt korai (ashes of burn bamboos) from the 'gowas' and burnt rice and utensils from the house of Most. Fulmatia and prepared a seizure list (Ext. 2) and recorded the statement of witnesses and after completion of investigation submitted charge -sheet under Section 436, I.P.C. against the appellant. After the commitment of the case to the Court of Session charge under Section 436, I.P.C. was framed against the appellant who was put on trial.