SARJU PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal is directed against the judgment of conviction and order of sentence, passed by the learned 3rd Additional Sessions Judge, Palamau at Daltonganj dated 12th September, 2001 in S.T. No. 184/96 convicting the appellants under Sections 436/143 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for three years.

(3.) Prosecution story, in brief, as per fardbeyan of the informant Gulbasi Kuwar, PW-1 is that on 30.06.1993 in the night the informant was sleeping with her grand daughter Indri Kumari inside Dhaba by closing the door. All of a sudden at 10:00 p.m. her grand daughter cried that the house was burning. Then both the grand mother and the grand daughter came out of the house and her grand daughter cried that accused Sarju Pandey was fleeing away after setting fire. Indri further stated that Sarju Pandey was accompanied by Ramdeo Sao and six to seven persons. On hearing cry Dharmdeo Pandey and Others came and extinguished the fire. Later on, her grand daughter named the accused persons who flee away after setting fire. Informant said that on account of the weak eye sight the informant could not identify any of the accused in the night. The reasons behind the occurrence as stated in the fardbeyan by the informant was that on the previous day to the occurrence the accused Ramdeo Sao, Laxmi Sao were ploughing her lands which was protested by her.