VINOD PRASAD, J. - (1.) THREE appellants Hukum Singh, Hari Singh and Manik Chand have preferred this appeal challenging their conviction under section 436/34 IPC and implanted sentence of 4 years RI recorded by Ilnd Additional Session's Judge, Agra in S.T. No. 319 of 1979, State v. Hukum Singh and others, relating to P.S. Etmadpur, District- Agra vide impugned judgment and order dated 30.6.1981.
(2.) STATED in brief, prosecution allegations were that on the intervening night between 27/28.01.1977 at 10 p.m., three appellants had set at ablaze the thatch of the victim, Smt, Keshar Dei, P.W. 1 gutting the bedroll and her apparel peticot and other articles kept inside it. The motive behind the incident was that the accused, who were Teli by caste had objected to fetching of water from their well by the informant Kesar Dei, who was a Jatav (SC) by caste. F.I.R. of the crime was dictated by informant Smt. Kesar Dei to Babu Lal, who scribed it and thereafter she lodged it at police station Etmadpur, district Agra following day 28.1.1977 at 1.00 p.m. against the malefactors measuring a distance of 11 miles. Head Constable Hakim Singh registered the F.I.R. by preparing Chik F.I.R., Ext. Ka-5 and GD entry, Ext. Ka-4 and S.I. Kod Singh, P.W.4 commenced the investigation. I.O. had interrogated the fact witnesses and had penned down their statements and thereafter, at the pointing out of the informant, Smt. Kesar Dei, P.W.I, conducted spot inspection and had prepared site plan map, Ext. Ka-1, He had also collected samples of burnt ashes and had prepared it's recovery memo, Ext. Ka-2. Concluding investigation he had charge-sheeted the accused on 9.5.1977 vide Ext. Ka-3.
(3.) ON the basis of the charge-sheet case was registered against the accused and they were summoned to stand trial by the Magistrate. Finding their case triable by Session's Court, it was committed to the Court of Sessions. Accused-appellants were charged under section 436/34 IPC, which charge they denied and claimed to be tried and therefore, to establish their guilt, their prosecution commenced. In the trial informant Smt. Kesar Dei P.W.I, Baboo P.W.2, Lochan P.W.3 were examined as fact witnesses, whereas Investigating Officer S.I. Kod Singh P.W.4 was examined as formal witness.;