Abhijit Sinha, J.

1. The two appellants with two others namely, Bishwanath Rai and Ramjee Rai were put on trial for charges under Section 436 read with Sec.34 I.P.C. for setting the house of the informant, Lalu Ram, on fire. By order dated 16th November 1992 passed by Sri Ram Nath, the then 1st Additional Sessions Judge, Rohtas at Sasaram passed in Sessions Trial No. 20/18 of 1986/89 arising out of Dehri (Ahorki Gola) P.S. Case No. 15 of 1980, whereas appellants Rajeshwar Rai and Shambhu Rai were found guilty under Section 435 read with Sec.34 I.RC. and each of them were sentenced to undergo rigorous imprisonment for one year, the remaining two, namely, Bishwanath Rai and Ramjee Rai were acquitted of the charges framed and discharged from the liabilities of their respective bail bonds.

2. The prosecution case was set in motion when informant, Lalu Ram, (P.W. 3) submitted a written report on 8.6.1980 before the Officer Incharge Ahorki Gola Police Station stating, inter alia, that he resides in village Karkatpur for the past 25 - 30 years and on that day while he was constructing a hut towards the eastern side of his house, the four accused persons, as named in the First Info