- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 28.3.2003 and 29.3.2003 respectively passed by Sessions Judge, Dumka in Sessions Case No. 177 of 2001, whereby the appellant convicted under section 436 of the IPC and sentenced to undergo imprisonment for 10 years and pay fine of Rs. 5,000/-.
(2.) The case of prosecution in short, as per the written report of P.W. 6, is that the appellant was wife of Diwan Tudu, younger brother of informant's husband. It is stated that after sometime of marriage, appellant started living an adulterous life, which was protested by the informant and her family members including the Diwan Tudu. It is further stated that appellant was asked by the family members either to dissolve the marriage or mend herself, but she did not agree. Thereafter a panchayati took place, but the same was not attended by the appellant. It is further alleged that appellant threatened that she will put fire in their house. It is further alleged that 2 to 3 days before the occurrence, appellant kept bundle of straw in front of the house of Diwan Tudu and put fire on it, however, the fire was extinguished by the family members. It is further alleged that on 2.2.2001 at about 12 O'clock in the night, the informant woke up for urination and came to her Angan and saw that smoke and flame are coming out from a portion of her house, whereupon she raised alarm. It is further alleged that at that time she saw that appellant was running away towards her house. It is further alleged that hearing hulla, villagers arrived. It is further stated that in the said fire paddy, other grains, currency note and utensils of informant's house had been burnt.
(3.) On the basis of aforesaid statement, police registered Sikaripara P.S. Case No. 9 of 2001 under section 436 of the IPC and took up investigation. After completing investigation, police submitted charge sheet against the appellant under section 436 of the IPC. It further appears that CJM, Dumka took cognizance of the offence and committed the case to the court of sessions.;