MANIK SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) Appellants are aggrieved by the judgment of conviction dated 5.10.1999 and order of sentence dated 7.10.1999 passed by the learned 7th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 176 of 1990 whereby, the appellants were found guilty and convicted for the offence under Sections 436/34, Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs. 1,000.00 each which after realization was to be paid to the informant. In default of payment of fine appellants were to undergo further RI for six months each.

(3.) The prosecution case was instituted on the basis of FIR (Ext.-2) of the informant Girja Devi, PW 4 recorded on 11.10.1989. The prosecution case in brief, is that the land of Khata Nos. 123 and 45, area 50 decimals of village Cherabar was purchased from Mehrali Mian for consideration of Rs. 5,000.00. At the same place accused Manik Singh had also purchased land from said Mehrali Mian. Regarding the land purchased by the informant a case was going on and the case was decided in their favour but the accused had filed appeal which was pending. It is further alleged that over the purchased land a house was constructed. She was residing in the said house with her children for the last two years. It is further alleged that in the night of Tuesday her husband was not in the house who had gone to his in-law house. She along with the children were sleeping near the house. At about 1 a.m. she saw fire flame in the house and in the light of flame she saw accused Manik Singh, Narayan Singh and an unknown person who after setting fire in her house, were fleeing away. She and her daughter Fulkumari raised alarm, then Gopal Singh, Muneshwar Singh and other villagers came there and extinguished the fire.