EMPEROR Vs. MARUTI JOTI SHINDE

JUDGEMENT

(1.) The two accused have been convicted of the offence under Section 436, Indian Penal, Code, in that they destroyed by fire on the night of 14 May 1920 the cattle-shed of the complainant in the village of Chikli.

(2.) It is admitted that the cattle-shed was burnt down that night. The next day the complainant's brother Dadu made a statement to the effect that the fire was accidental and a Paneh-nama was recorded to that effect. The Panch and the Patil state that Dadu said that the two accused had burnt down the shed and that he was afraid to complain against them as they were the leaders of a gang who were the terror of the village.

(3.) The story given by the complainant and his brother Dadu is that these two accused endeavoured to extort from them a sale-deed of a field and on his refusal threatened that very night to burn down his cattle-shed. Shortly after that, the complainant was informed by the two Mahar boys Joti and Shankar that the cattle-shed had been burnt down in their presence by the two accused.