BIRENDRA YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order of conviction and sentence passed by learned Addl. District and Sessions Judge (Fast Track Court No. IV), Siwan, dated 18th July 2003 in Sessions Trial No. 511 of 1995/108A of 2003 by which appellants have been convicted under Section 435 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years and further sentence to pay Rs. 1000/- and in default thereof further to undergo rigorous imprisonment for six months.

(2.) Informant Jiut Yadav had filed a written complaint before the Officer Incharge, Raghunathpur Police Station on 3.5.1994 alleging that he is resident of village Hulasgarh, P.S. Raghunathpur, District-Siwan and had a palani made of straw in adjacent land of river in village Hulasgarh. It has further been stated that on 9.4.1994 Sheonath Yadav, brother of informant, was relaxing in his palani and four calves were also tied there. Appellants Birendra Yadav and Swaminath Yadav came and set ablaze the palani and same was protested by his brother but accused-appellants did not pay any heed. The calves were saved by Sheonath Yadav but seven palani for keeping calves and palani meant for residing were burnt to ashes. It has further been alleged that clothes and 100 bundles of Jao, Khesari were also burnt causing loss of Rs. 40,000/-. They informed the Sarpanch and the Circle Officer and they were assured that matter would be solved in Panchayat and appellants would be asked to compensate for the damage suffered by informant and as such no case was lodged in the police station. But when nothing happened, in consultation with villagers written complaint was made on 3.5.1994 and FIR was drawn on the said complaint. The matter was investigated by the police and police submitted chargesheet. Cognizance was taken and after commitment of the case the appellants faced trial before the court of sessions. Appellants Birendra Yadav and Swaminath Yadav were charged under Section 436 of the Indian Penal Code and charge was read over and explained to them in Hindi and they pleaded not guilty and claimed to be tried.

(3.) Prosecution has examined altogether seven witnesses. Amongst them P.W.1 is Sheonath Yadav, P.W.2 Munnalal Yadav, P.W.3 Tilangi Yadav, P.W.4 Dinanath Yadav, P.W.5 Hanshnath Yadav, P.W.6 Bhuwar Yadav and P.W.7 Jiut Yadav.