BYOMKESH SANYAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against an order of the Sessions Judge, Lower Assam Districts, dated 15 -3 -57, convicting the appellant under Section 436. I. P. Code, and sentencing him to three years' rigorous imprisonment. The appellant was tried by the Sessions Judge with the aid of a jury, and although in his charge to the jury the Sessions Judge indicated that he was not prepared to accept the evidence against the appellant and that the case was not established against him, yet he did not think it desirable to differ with the verdict of the jury and refer the case to this Court. He, therefore, agreed with the verdict of the jury and convicted the appellant.

(2.) THE prosecution case is that on 5 -1 -54, the appellant committed mischief by setting fire to a certain room which belonged to the complainant Rupram Das but was in the use of the accused for the purpose of his homeopathic pharmacy. The appellant had taken the room on rent from the complaint. The room formed Part of a two -roomed house owned by the complainant; the western room was in the occupation of the appellant while the eastern room was rented out to one Haripada Gope. Haripada and his brother, Hiralal, used to run a tea stall in the said room. In the same compound, the complainant used to live in a separate house.