RASHILAL TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 16.9.2002 and 17.9.2002 respectively passed by 1st Additional Sessions Judge, Jamtara in S.C. No. 58 of 2000/S.C. No. 03 of 2001 whereby and whereunder the appellant has been convicted under Sections 436 and 450 of the IPC and sentenced to undergo R.I. for five years under Section 436 of the IPC and further directed to pay fine of Rs, 1000/- and in default of payment of fine undergo R.I. for six months. The appellant further sentenced to undergo R.I. for four years under Section 450 IPC and directed to pay fine of Rs. 1000/- and in default of payment of fine undergo R.I. for six months.

(2.) The case of prosecution in short as per the written report is that Rashilal Tudu (appellant) along with Manohar Tudu, Srijal Tudu, Satish Tudu and Balai Tudu alleged that informant's wife is a witch (Dian). It is further alleged that on 27.6.1997 at about 8 p.m., they forcibly entered in the house of informant and then appellant (Rashilal Tudu) put fire in his house. It is stated that the informant and inmates of his family took shelter in another house due to fear, as the appellant and other co-accused threatening to kill them. It is further stated that due to the aforesaid fire, cloths, hen and other articles, kept in the house, had burnt.

(3.) On the basis of aforesaid information Kundahit P.S. Case No. 43 of 1997 under Sections 147, 323, 436, 427 of the IPC instituted and police took up investigation. It appears that after investigation, police found that the occurrence is not true, accordingly submitted final form in the court of ACJM, Jamtara. It then appears that a protest petition filed in the court of ACJM, Jamtara, which was registered as P.C.R. Case No. 265 of 1998. It then appears that after examining the informant and other witnesses, learned ACJM took cognizance against the appellant and other co-accused under Sections 147, 148, 149, 436/34 and 450 of the IPC. Thereafter the case committed to the court of Sessions as the offence under Section 436 of the IPC is exclusively triable by the court of Sessions.