- (1.) This appeal at the instance of the appellants stand directed against the impugned judgment and order dated 25-8-1998 and 26-8-1998 respectively passed in Sessions Case Nos. 77 of 1997. 21 of 1997 by Shri Mungeshwar Sahoo, 2nd Additional Sessions Judge, Godda whereby and whereunder the appellants were found guilty for the offence punishable under Sections 436/34 of the Indian Penal Code and they were convicted and sentenced to undergo R I for five years each.
(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of informant PW-8 Punilal Pandit recorded by A.S.I.. S.R.Sharma of Godda Mufassil P. S. at the house of the informant in village Kurmichak on 25-12-1996 at 14.00 hours regarding the occurrence which is said to have taken place on that very day at 10.00 hours and the case was instituted by drawing of a formal FIR (Ext. 2/A) on 26-12-1996 at 8.30 hours. The said fardbeyan and formal FIR were received on that very day in the Court empowered to take cognizance.
(3.) The prosecution case, in brief, is that appellant Chaturbhuj Pandit is his agnate and there is dispute between him and the said appellant for the last two years regarding the partition of the house. It is alleged that all the appellants came to the house of the informant with spade and gaita and they started demolishing the wall of the house of the informant and on protest they have stated that their land has been encroached upon by the informant by making the wall. It is also alleged that after sometime four unknown persons of his group came there armed with masket and they assisted them in the demolition of the said wall and on further protest by the informant appellant Sanjay Pandit, son of Chaturbhuj Pandit had set fire in the thatched straw roof of his house as a result of which the household effects including 15 mounds of paddy have been destroyed causing a loss of Rs. 5000/-. II is also alleged that on alarms PW-1, Bhola Maraiya, PW-10. Rabindra Nath Pandit, PW-2, Vivekanand Pandit besides Shyam Sunder Pandit (not examined) came to the place of occurrence and seeing them all the appellants fled away from there and they were chased by them and all the appellants were apprehended and in course of their apprehension they also sustained some injuries on their person and the appellants were handed over to the police by them at the place of occurrence.;