SUKAR MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have already heard the arguments advanced by Mrs. Chandana Kumari, learned counsel for the appellants as well as Mr. Rajesh Kumar and Mrs. Nehala Sharmin, learned Addl. P.P. and Spl. P.P. appearing for the State.

(2.) This instant criminal appeal is directed against the judgment and order of conviction and sentence dated 14/16/8/2007 passed by learned 1st Additional Sessions Judge, Dumka in S.T. No.195 of 2006 whereby and whereunder, the appellants have been held guilty for the offence under Sec. 436 of the Indian Penal Code and sentenced to undergo R.I. for seven years.

(3.) The factual matrix giving rise to this appeal is that on 22/1/2006 at about 07:00 a.m., Sanchan Manjhi and Sukar Manjhi were allegedly imbedding pole on the land of their nephew (Bhagina) Chetan Manjhi. Upon objection raised by the informant Bhutu Manjhi, they started a commotion and Ramu Manjhi and Militri Manjhi came to the place of occurrence with lathis in their hands. All the accused persons climbed on the roof of the house and Ramu Manjhi lit fire on the roof and Sanchan Manjhi set fire to the straw Punj. The villagers assembled after the occurrence, but the house of the informant and other articles including 30 quintals of paddy was burnt incurring loss Rs.50,000.00 the informant. On the basis of above information, F.I.R. was instituted as Ramgarh P.S. Case No.09 of 2006 for the offence under Sec. 436 of the I.P.C.