SHIV NARAIN CHOUDHARY AND 3 OTHERS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) There are four applicants in both the cases aforementioned. The petitioner Sheo Narain Choudhary and Rajendra Choudhary appear in both. By a Bench order of this Court passed on 7.4.1982 both the applications are to be heard together. This order governs both the applications. Facts relating to Cr. Misc. No. 9117/82 in short are as follows. The case against the applicants of this petition was initiated pursuant to a report dated4.3.1980 lodged by Sudama Devi wife of Uchit Tatma at P.S. Raghopur. On getting information the police registered Raghopur P.S. case No. 2 (3) 80. The allegation is that the applicants in between the night of 4.3.80 along with some others set fire to a hut belonging to the informant. The hut was in use as dwelling house and for the purpose of keeping articles of daily use. On hulla being raised,, persons of neighbourhood ran and made attempt to extinguish the fire. Considerable damage was caused due to the fire.

(2.) Informant Sudama Devi has further stated that even previous to this some of the accused persons had made attempts to destroy the hut and in course of which they had looted away some of the articles kept inside.

(3.) Criminal Misc. No. 9118/82 refers to the case lodged by Uchit Tatma, husband of Sudama Devi, reference regarding which has been given in the earlier case. The case against the applicants was registered at the same police station Raghopur on the statement of Uchit Tatma as Raghopur P.S. case No. 2 (2) 80. Allegation is that the applicants along with others in the night of 7.2.80 looted away some of the properties and even destroyed the hut which is used as dwelling house.