U.K.Varma, J. - (1.) This is an appeal against the judgment and order of Sri L.S. Shukla, V Additional Sessions Judge, Shahjahapur dated July 17, 1979 convicting the appellants Ram Chandra, Rajeshwar and Dev Narain under Section 436/34 of the Indian Penal Code read with Section 34 thereof and sentencing them to undergo rigorous imprisonment for two years and pay a fine of Rs. 100/- each and in default of payment of fine to undergo further rigorous imprisonment for four months.
(2.) The prosecution case briefly is that Dev Narain appellant on the instigation of Ram Chandra and Rajeshwar appellants set fire to the hut of Devendra Kumar at 11 p. m. on 7-7-1976 in village Bela Chheda by Match stick causing him a loss of Rs. 2,000/-.
(3.) The first information report of the incident had been lodged at 12.45 p. m. next day i.e. 8-7-1976 in the Police Station Powyan which is at a distance of five miles from Bela Chheda. The prosecution examined Devendra Kumar (P.W.1) and Balak Ram (P.W. 3) as the witnesses of the occurrence. The check report was proved by the Constable clerk Shiv Ram. The Investigating officer, however, had not been examined.;