ARJUN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal has been preferred under Section 374 (2) of the code of Criminal Procedure challenging the judgment and order dated 8-2-2001 passed by the learned Additional Sessions Judge-II, Saraikella in Sessions Trial No. 193 of 2000 whereby and whereunder he has been pleased to hold the appellants guilty under section 436 of the Indian Penal Code and sentenced them to undergo imprisonment for seven years.

(2.) THE case of the prosecution, as stated in the written report to the Officer-in-charge, raj Nagar Police Station was that on 2-4-2000 when the informant Bhalu Ram mahato was sleeping in his house along with his family members one Arjun Mahato and sudarshan Mahato, the appellants herein, set his house on fire and on account of flames of fire he woke up and ran outside along with his family members and noticed that the appellants were running away after setting the house on fire and in the process left their shoes. According to written report the domestic articles were burnt due to fire and the reason behind the incident was due to a dispute with regard to the Bari land between the informant and the appellants.

(3.) ON the basis of above written report a case under Section 436/34 of the Indian penal Code was registered vide Raj Nagar police Station Case No. 16 of 2000 dated 3-4-2000 against the appellants. After submission of the charge-sheet the case was committed to the Court of Session and the accused persons totally denied the prosecution allegation.