- (1.) Heard the learned counsel for the appellants and learned counsel for the state.
(2.) The instant appeal is directed against the the judgment of conviction dated 28.8.2001 and order of sentence dated 30.8..2001 passed by Sri Sheo Narayan Singh, 2nd Additional Sessions Judge, Deoghar in Sessions Case no. 284 of 1993 by which judgment all the three appellants were found guilty u/s and sentenced to undergo R.I for 1 months. They were also found guilty u/s 436 of the I.P.C and sentenced to undergo R.I. for 6 years and a fine of Rs.200/- each.
(3.) It is submitted by learned counsel for the appellants that the prosecution has miserably failed to prove the charges levelled against the appellants u/s 436 of the I.P.C. Although 10 witnesses were named in the charge sheet, but not a single witness except the informant and his wife have been examined. He has further submitted that even the seizure list, to show that some portion of informant's 'gaushala' were burnt in the night, has also not been proved either by the Investigating Officer or by any independent witnesses and as such the conviction of the appellants u/s 436 is bad in law and fit to be set aside.;