Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellant, Mr. Nilendu Kumar, Advocate and learned counsel for the State, Mr. Asif Khan, learned Additional Public Prosecutor.
(2.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 18.12003 passed by learned Additional Sessions Judge, (Fast Track Court llnd), Bokaro in Sessions Trial No. 287 of 1993/Supplementary Sessions Trial No. 91 of 2003, whereby both the appellants Chunnilal @ Shashi Ram and Anil Kumar @ Raju Paswan have been convicted by the learned Trial Court for offence punishable under Section 429 and 435 of the Indian Penal Code and awarded rigorous imprisonment for two years for offence punishable under Section 429 and rigorous imprisonment for three years for offence punishable under Section 435 of the Indian Penal Code. Both the sentences are directed to run concurrently. Both the appellants have preferred Criminal Appeal no. 115 of 2004 on 20.01.2004, which was admitted on 06.02.2004 and their provisional bail have been confirmed. Since then the appeal is pending before this Hon'ble Court.
(3.) The prosecution case is that, on 24.01992 between 11.00 and 12.00 O'clock at midnight, at Sector IX and Sector VIII more khatals, the appellants put the khatal of the informant Ram Dayal Yadav under fire and accused persons fled away. In the said occurrence two she-buffalo and one calf died and the thatched structure worth Rs. 20,000/- was also ablazed. The informant has alleged, that these two persons have given threatening with dire consequences and they have put the structures at fire, in which the cattles have died. On the basis of the fardbeyan, the F.I.R. was lodged, being Harla P.S. Case No. 31/1992 dated 25.03.1992, under Section 436/429/34 of the Indian Penal Code, have been instituted and after investigation police submitted Charge Sheet vide no. 78 of 1992 dated 29.04.1992. The cognizance of the offence was taken and the matter was committed to the Court of Sessions, where the charges have been framed under Sections 436/429 of the Indian Penal Code, to which the appellants have pleaded not guilty and thus, have been put under trial. ;